Home | Legal Advice | Marriage law | Marriage without valid ceremony is invalid

Marriage without valid ceremony is invalid

Does a Hindu marriage valid without solemnization of the proper ceremony. 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 under 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 include saptpadi the marriage becomes complete and binding when the seventh step is 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.

Lawyer’s advice

My careless father forcing to marry a man of his choice

My father forcing to marry with a person of his choice. First I will tell you about my family, a heart patient father and cancer patient mother, we have 3 daughters. Their first daughter always wants to achieve something but due to our family situation we married her...

Marriage after divorce from first wife is valid

My friend is planning to marriage after divorce from his first wife. His wife is also ready for divorce. They have been living separate from five years. My friend is living in USA and his wife in India. He loves a lady who is a citizen of UK. She is a bachelor and...

My boyfriend does not accepting marriage

My boyfriend does not accepting marriage whereas, I solemnised marriage with him in a temple. We were in love for more than six years and we both were agree to marry. After the marriage, we were lived together for three months. We both are adult and working in a...

Boyfriend affairs with another girl and planning to marry

My boyfriend affairs with another girl and likely to marry her. We are in a relationship from last seven years but from last 2 to 2.5 years he is in a relation with some other girl. When I get to know he leaved me without any reason. Thereafter he again come into my...

Kanoonirai established in 2014. It provides a facility to consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54