Supreme Court in a recent case reaffirms the importance of traditional ceremonies in Hindu marriages.
Key highlights of SC Observation:
| Aspect | Description |
| Cultural and Spiritual Importance | Marriage is highlighted as a samskara and sacrament, integral to societal and familial values. |
| Legal Requirements for Marriage Ceremonies | Essential rites like saptapadi (seven steps before a sacred fire) are mandatory for legal recognition of Hindu marriages. |
| Judicial Observations on Matrimonial Practices | Critique of weddings reduced to entertainment, with concerns over dowry and gift pressures. |
| Concerns Over Marital Stability | Rise in matrimonial disputes indicates weakening marital commitment, impacting societal stability. |
About Hindu Marriage Act, 1955:
- It codifies the law relating to marriage among Hindus, including Buddhists, Jains, and Sikhs, treating these religious groups under the same legal framework.
- Mandates monogamous relationships and strictly prohibits bigamy and polygamy.
- Requires customary Hindu marriage ceremonies, such as Saptapadi, to be followed, respecting long-term customs.
- Defines marriageable age as 21 for bridegrooms and 18 for brides. Marrying as a minor can lead to severe legal penalties.
- Emphasizes the importance of mental fitness for marriage, declaring marriages void if either party is mentally unfit without proper legal consent.
- Allows for divorce under specific conditions, including mutual consent and exceptional circumstances within the first year of marriage.
- Contains unique provisions for restitution of conjugal rights, allowing a spouse to approach the court to restore marital relations.
Legal Procedures and Registration
- Specifies that marriage registration is governed by state laws but isn’t a condition for the legality of a marriage.
- Outlines that legal proceedings concerning Hindu marriages must be handled in family courts within specific territorial jurisdictions.
Ref: Source
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