Marriage without valid ceremony is invalid

Question asked on: 03/08/2015

Does a Hindu marriage valid without solemnization of proper ceremony

Advised by: Shivendra Pratap Singh,

Marriage without ceremony is invalid because Hindu marriage is sacramental rather than contract. Section 7 of the Hindu Marriage Act requires that a Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party.

Kanyadan, Panigrahan and Saptpadi are the necessary ceremonies of Hindu marriage which should be performed. However Section 7 of the Hindu Marriage Act enumerates that marriage should be performed either by shashtric or customary ceremony of either party but where such ceremonies includes saptpadi the marriage becomes complete and binding when the seventh step taken. Marriage performed without any ceremony is invalid.

In the offence of bigamy it is always essential to prove that necessary ceremonies were performed. In absence of this proof prosecution for bigamy can’t succeed.

In Dr. Amar Nath Mukerji vs state (1969), marriage was performed by three mock ceremonies which were not prevalent in any party. It is held by the Allahabad High Court that marriage is invalid and accused can’t be prosecuted for the offence of bigamy.

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