New Delhi The Supreme Court has sternly stressed the sanctity of marriage and criticized the trend of reducing weddings to mere ‘singing and dancing’ and ‘eating and drinking’, while adding that such functions should be approached with reverence rather than of extravagance.

A bench of Justices BV Nagarathna and Augustine George Masih underscored the cultural and legal significance of marriage ceremonies in Indian society and reinforced the need to observe these traditions to uphold the sanctity of the institution.

“A marriage (wedding) is not an event for ‘singing and dancing’ and ‘eating and drinking’, or an occasion to demand and exchange dowry and gifts by applying excessive pressure, which may lead to the initiation of a criminal proceedings thereafter. A marriage is not a commercial transaction. It is a solemn fundamental event celebrated to establish a relationship between a man and a woman acquiring the status of husband and wife for an evolving family in the future, which is a basic unit of Indian society,” the bank said in a recent publication. decision.

It added: “We urge young men and women to think deeply about the institution of marriage even before embarking on it and how sacred the institution of marriage is in Indian society.”

The court’s observations came in a case involving a couple whose marriage certificate was issued without proof of the required ceremonial rituals, particularly the ‘saptapadi’ or taking seven steps in front of a sacred fire, which is essential for a marriage that is binding among Hindus. .

According to the Hindu Marriage Act of 1955, completion of specific rituals, including the ‘saptapadi’, is mandatory for a Hindu marriage to be legally recognized. The judgment emphasized that simply registering a marriage without the performance of these rituals does not confer on the marriage the legitimacy of a Hindu marriage under the law.

“A Hindu marriage is a sacrament and has a sacred character… A woman is considered half of herself (ardhangini), but is accepted with her own identity and as an equal partner in marriage. There’s nothing like a “better half” in a marriage, but spouses are equal halves in a marriage. In Hindu law, as already noted, marriage is a sacrament or a samskara. It is the basis for a new family,” the bank said.

Emphasizing that the solemnization of a marriage under the law is a must for a valid marriage, the court said: “We disapprove of the practice of young men and women trying to acquire the status of husband and wife for each other and therefore supposedly married , in the absence of a valid marriage ceremony under the provisions of the law.”

The court also highlighted the issue of couples seeking to register their marriage under the guise of a solemn commitment, especially for practical benefits such as visa applications, without actually holding a valid wedding ceremony.

“Such practices must be abolished. What would be the consequences if such a marriage were no longer performed at all in the future? What would then be the status of the parties? Are they husband and wife-in-law and do they acquire such a status in society?” the court said, reiterating the essential legal norms and sanctity required for Hindu marriages.

The court also highlighted the broader implications of such cases where the social and legal recognition of a union as marriage affects various rights and obligations, including the legitimacy of descendants and inheritance rights.

It clarified that without these ceremonies, a marriage cannot be recognized under Hindu law, irrespective of the issuance of marriage certificates. “Unless the parties have undergone such a ceremony, there would be no Hindu marriage under Section 7 of the Act, nor would the mere issuance of a certificate by an entity without performing the requisite ceremonies confirm marital status. the parties nor consummate a marriage under Hindu law,” the report said.

In the present case, the court allowed the couple to part ways and quashed the 2021 marriage certificate issued to them by a registered society in Uttar Pradesh, holding that simply registering a marriage without performing essential rituals did not confer the legitimacy of a marriage. Hindu wedding.

Recently, another Supreme Court bench comprising Justices Surya Kant and PS Narasimha expressed deep concern over the current state of marital ties in the country, observing a disturbing trend of a number of couples approaching the judiciary without substantial make efforts to uphold their marital obligations. fulfill marital obligations or resolve their differences amicably.

A significant influx of petitions related to divorces and quashing of criminal cases filed between spouses highlights a disturbing pattern, according to the court on April 25. It pointed out that the ease with which couples turn to the courts, often without attempting to live together or reconcile differences, can undermine the foundation of marriage unity and stability. “We are amazed to see what kind of weddings are happening now. They will get married in 2021; by 2022 and 2023 they will file lawsuits against each other; and in 2024 we will have transfer requests before us,” the bank said that day.