New-Delhi: In a recent verdict, the Supreme Court said a Hindu marriage cannot be termed valid if the ceremonies are not performed in a proper form 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.
A bench of Justices BV Nagarathna and Augustine George Masih said a Hindu marriage is a ‘samskara’ and a sacrament which has to be accorded its status as an institution of great value in Indian society.
The top court even said that “a (Hindu) 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”.
The bench further said, “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.”
A Hindu marriage facilitates procreation, consolidates the unit of family and solidifies the spirit of fraternity within various communities. After all, a marriage is sacred for it provides a lifelong, dignity-affirming, equal, consensual and healthy union of two individuals. It is considered to be an event that confers salvation upon the individual especially when the rites and ceremonies are conducted, as reported by India today.
In its April 19 order, the bench said where a Hindu marriage is not performed in accordance with the applicable rites or ceremonies such as ‘saptapadi’ (taking seven steps by the groom and the bride jointly before the sacred fire), 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 said.
The prediction came as the court was dealing a case appealed by a woman seeking transfer of a divorce petition from Muzzarfar court to Ranchi court. Both the woman and her partner, are trained pilots and decided to resolve the divorce plea amicably by filing a joint application under Article 142.
Sources say, the couple got engaged on March 7, 2021 and claimed that they got married on July 7, 2021. They opted for a registry marriage under the Uttar Pradesh Marriage Registration Rules 2017. Both the families fixed the date for their marriage ceremony as per Hindu rites on October 25, 2022. Meanwhile, they stayed separately and their differences also cropped up.
