हिन्दू विवाह के लिए संस्कार (Ceremonies for a Hindu marriage)

7. हिन्दू विवाह के लिए संस्कार-

(1) हिन्दू विवाह उसमें के पक्षकारों में से किसी के रूढ़िगत आचारों और संस्कारों के अनुरूप अनुठित किया जा सकेगा।

(2) जहाँ कि ऐसे आचार और संस्कारों के अन्तर्गत सप्तपदी है (अर्थात् अग्नि के समक्ष वर और वधू को संयुक्त सात पद लेना है) वह विवाह पूरा और बाध्यकर तब हो जाता है जबकि सातवाँ पद पूरा किया जाता है |

नवीनतम निर्णय हेतु कृपया यहाँ क्लिक करें

7. Ceremonies for a Hindu marriage -

(1) A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.

(2) Where such rites and ceremonies include the saptpadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken.

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Commentary and Case Laws

1.  विवाह  का एग्रीमेंट कर न्यायालय में प्रस्तुत कर दिए जाने मात्र से सेक्शन  7 के तहत विवाह  होना प्रमाणित नहीं होता जब तक कि यह न बताया जाये कि यह विवाह किस कस्टम से किया गया था  एवं यदि कस्टम में  सप्तपदी सम्मिलित हो तब ऐसी दशा  में क्या सातवां पद पूरा किया गया ( Mere production of agreement of marriage before the court does not prove the  marriage unless it is disclosed by which custom the marriage was solemnised and if the custom included Sapdpadi,whether the seventh step was completed) - [RATHNAMMA & ORS. VERSUS SUJATHAMMA & ORS.:SC dated 15.11.2019] -The Supreme Court has held that - 

• In the agreement of marriage (Ex.P/1), it is only stated that both parties are of same caste and with the permission and consent of both of their fathers, they have entered into this agreement of marriage. This type of marriage is not recognized in law as Section 7 of the Act contemplates that the marriage can be solemnized in accordance with customary rites and ceremonies of either party thereto and where such rites and ceremonies include the Saptpadi, the marriage becomes complete and binding when the seventh step is taken.

• The plaintiff has not led any evidence of solemnization of marriage as provided under sub-clause (2) of Section 7 of the Act or by leading any evidence of customary rites and ceremonies. The burden to prove marriage was on the Plaintiff alone. The defendants have denied marriage of the Plaintiff, therefore, the burden to prove marriage was on the plaintiff alone. Apart from such fact, the marriage cannot be said to be taken place in terms of Section 5(v) of the Act which is to the effect that the parties are not sapindas to each other, unless the custom or usage governing each of them permits of a marriage between the two. Such marriage is a void marriage but, on a petition, preferred by either party thereto.

• Therefore, the question required to be examined is whether the alleged marriage which is between the persons of less than 21 years and 18 years and between the Prohibited degree is a valid marriage. The plaintiff will be entitled to the estate of Hanumanthappa only if she proves her valid marriage. The plaintiff has not pleaded any custom permitting marriage within the prohibited degree nor there is any proof of solemnization of any marriage by customary ceremonies and rites, therefore, the plaintiff will not be entitled to succeed only on the basis of alleged registration of an agreement of marriage.

• In the present case, the plaintiff has not proved custom of marriage to her mother’s brother and/or judicial precedent recognizing such marriage. In the absence of any precedent or custom of such marriage, no judicial notice can be taken of a custom as argued by the learned counsel for the plaintiff. In the absence of any pleading or proof of custom, the argument that in Vokkaliga community, such marriage can be performed cannot be accepted as no judicial precedent was brought to the notice of the Court that such a custom exists in the Vokkaliga community nor there is any instance quoted in evidence of existence of such custom.

• The entire case is based upon an agreement of marriage in which there is no assertion regarding solemnization of the customary ceremonies or the rites or that the parties had performed saptpadi in the manner contemplated under Section 7 of the Act, therefore, the plaintiff cannot succeed the estate of Hanumanthappa on the basis of a marriage which she has failed to prove.