(MENAFN- Live Mint) "A Hindu marriage cannot be recognized in the absence of a valid ceremony like saptapadi, the seven steps taken by a couple around agni that represent seven promises or principles they make to one another, under the Hindu Marriage Act, the Supreme Court ruled on Wednesday.
The top court reminded that a Hindu marriage is not an event for“song and dance”,“wining and dining”, or a“commercial transaction”, while calling it a“samskara” and a“sacrament” which has to be accorded its status as an institution of great value in Indian society.
The court was hearing a woman's plea seeking the transfer of divorce petition from Bihar court in Muzaffarpur to a Jharkhand court in Ranchi. While the petition was pending, the woman and her ex-partner, both qualified commercial pilots, decided to settle the disagreement by jointly submitting an application under Article 142 of the Indian Constitution.\"A marriage is not an event for 'song and dance' and 'wining and dining' or an occasion to demand and exchange dowry and gifts by undue pressure leading to possible initiation of criminal proceedings thereafter. A marriage is not a commercial transaction. It is a solemn foundational event celebrated so as to establish a relationship between a man and a woman who acquire the status of a husband and wife for an evolving family in future which is a basic unit of Indian society,\" the bench further said.
The court further delved into the provisions of the Hindu Marriage Act, saying“unless and until the marriage is performed with appropriate ceremonies and in due form, it cannot be said to be 'solemnised' as per Section 7(1) of the Act”.
The bench, in its April 19 order, stated that where a Hindu marriage is not performed in accordance with the applicable rites or ceremonies such as 'saptapadi', the marriage will not be construed as a Hindu marriage.\"We further observe that a Hindu marriage is a sacrament and has a sacred character. In the context of saptapadi in a Hindu marriage, according to Rig Veda, after completing the seventh step (saptapadi) the bridegroom says to his bride, 'With seven steps we have become friends (sakha). May I attain to friendship with thee; may I not be separated from thy friendship'. A wife is considered to be half of oneself (ardhangini) but to be accepted with an identity of her own and to be a co-equal partner in the marriage,\" it added.
The court deprecated the practice of young men and women seeking to acquire the status of being a husband and a wife to each other and therefore purportedly being married, in the absence of a valid marriage ceremony under the provisions of the (Hindu Marriage) Act such as in the instant case where the marriage between the parties was to take place later.
(With PTI inputs)
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