Hindu Marriage Celebration is not Limited to Festivity, Indicates Supreme Court
- Posted on May 2, 2024
- News
- By TSW NEWS DESK
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The Supreme Court asserted that Hindu marriages are sacred sacraments, not mere celebratory events, emphasizing the necessity of conducting the required ceremonies like 'saptapadi' for a valid marriage under the Hindu Marriage Act.
Supreme Court, asserted that the marriage of Hindus is not just a mere occasion and a ground for merrymaking, but a sacred institution in which the couple should be treated with respect and awe. In a recent order, the bench comprising Justices B.V Nagarathna and Augustine George Masih underlined the fact that a Hindu marriage is "samskara" and a basic event that bestows a long-term, dignified, and equal union between a man and woman.
The judge expressed displeasure that the court is being used for obtaining the status of husband and wife by young couples without the necessity of a valid marriage ceremony as per the Hindu Marriage Act, 1955. It clearly set out that a Hindu marriage could not be treated as valid unless it had the essential rites like the 'saptapadi' (taking seven steps around the sacred fire).
According to the bench: "A marriage is not a celebration for 'singing and dancing' and 'drinking and dining,' nor it should be considered a business transaction." 'It is a ceremonial primary event which is conducted to get the consent of a man and a woman to become husband and wife and thus to provide a stable unit of the extended family in the Indian society, which is a basic component of our society.'
The Court's point of view in this case involves two trained commercial pilots who are seeking a divorce without a valid Hindu marriage having been performed. The sermon calls upon the young men and women to deliberately and thoughtfully consider the whole idea of marriage before taking that step.
The purview of the Hindu Marriage Act is to make it clear that it is not simply for carnal pleasure or egoistic motives but to make sure that a family unit is maintained. It further stressed that marital union is the sole legitimate form of relationship between a husband and wife, exiling polygamy and polyandry.
The bench explained that when the Hindu Marriage Act came into application in 1955 it codified the law pertaining to the marriage of Hindus, which also covers Lingayats, Brahmos, Aryasamajists, Buddhists, Jains, and Sikhs. Yet unless the parties took the compulsory rituals the marriage would not be Hindu as per Section 7.
The Supreme Court's judgment displays the significance of retaining the purity and cultural significance of Hindu marriages and has emphasized the preservation of the traditions and rituals that are associated with this sacred union.