Marriage Not Solemnized Under Section 7 of the Hindu Marriage Act Cannot Be Declared Invalid
- ABSTRACT
Section 7 of the Hindu Marriage Act, 1955, lays down the essential ceremonies for the solemnization of a Hindu marriage. However, Indian courts have time and again held that failure to perform such ceremonies, especially in cases of long cohabitation and social recognition, does not necessarily render the marriage invalid. This article critically examines the legal significance of Section 7, the concept of valid solemnization, and the judicial trend favoring a presumption of marriage in the absence of formal ritual compliance. - INTRODUCTION
The Hindu Marriage Act, 1955 (hereinafter “HMA”) governs the conditions, solemnization, and recognition of Hindu marriages in India. Section 7 of the Act recognizes the performance of customary rites and ceremonies as essential for a valid marriage. Yet, in real-life scenarios, strict compliance with Section 7 is often absent, especially in rural or informal settings. This raises the pertinent question: Does non-compliance with Section 7 automatically render a marriage invalid? - UNDERSTANDING SECTION 7 OF THE HINDU MARRIAGE ACT
The law gives primacy to customary rites and ceremonies over a rigid set of legal formalities. Each community’s practice becomes central to the validity of the marriage. However, the provision lacks clarity on the consequences of failure to observe these ceremonies. - JUDICIAL INTERPRETATION OF SECTION 7
Indian courts have interpreted Section 7 liberally. The judiciary has consistently held that failure to perform certain ceremonies—if the parties have lived together as husband and wife and society has recognized the union—does not automatically nullify the marriage.- Priya Bala Ghosh v. Suresh Chandra Ghosh
In Priya Bala Ghosh v. Suresh Chandra Ghosh, the Supreme Court emphasized that the performance of essential ceremonies is a question of fact, and the burden of proving that no ceremonies were performed is on the spouse challenging his/her marriage’s validity. - Badri Prasad v. Dy. Director of Consolidation
In Badri Prasad v. Dy. Director of Consolidation, the Supreme Court upheld a 50-year-long live-in relationship as a valid marriage, establishing the principle that long cohabitation creates a strong presumption of marriage. - Tulsa v. Durghatiya
In Tulsa v. Durghatiya, the court reiterated that proof of solemnization may not be required in every case where parties have lived together and are accepted by society as spouses.
- Priya Bala Ghosh v. Suresh Chandra Ghosh
- LEGAL PRESUMPTION IN FAVOR OF VALID MARRIAGE
Indian evidence law, under Section 114 of the Indian Evidence Act, 1872, allows courts to presume the existence of certain facts. This includes the presumption of a valid marriage from long cohabitation. The courts use this presumption to uphold the legitimacy of children, inheritance rights, and spousal status, even when ceremonial proof is absent. - IMPLICATIONS OF DECLARING A MARRIAGE INVALID
Declaring a marriage invalid due to lack of rituals can have grave consequences, particularly for women and children. It can affect inheritance rights, marital status, maintenance claims, and the legitimacy of children under Section 16 of the HMA. The judiciary, therefore, treads carefully before declaring such unions void. - CONCLUSION
Section 7 of the Hindu Marriage Act was enacted to respect customary solemnization practices, not to invalidate genuine relationships that have societal and familial recognition. The judiciary has rightly prioritized social realities and equitable outcomes over rigid ritualistic requirements. Therefore, a marriage not solemnized under Section 7 should not be automatically declared invalid, especially when other indicators of a marital relationship are present.This article has been researched and written by Advocate Aarun Chanda, practicing divorce law in Mumbai and Pune. This article is intended solely for academic purposes and should not be construed as legal advice. Readers are encouraged to consult a qualified lawyer/advocate specializing in divorce cases for professional legal guidance.
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