The Hindu Marriage Act, enacted in 1955, has codified the law relating to marriage among Hindus, encompassing not just Hindus but also Lingayats, Brahmos, Arya Samajists, Buddhists, Jains, and Sikhs. The Act has discarded practices like polyandry and polygamy, establishing monogamy as the only legally approved form of relationship between a husband and wife.
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The Supreme Court of India has emphasized the sacred and sacramental nature of Hindu marriages, underscoring that they cannot be reduced to mere "song and dance" or "commercial transactions."
In a landmark judgment, the Court has clarified that for a marriage to be recognized as valid under the Hindu Marriage Act, 1955, it must be solemnized in accordance with the requisite rites and ceremonies.
According to the Court, a Hindu marriage is a 'samskara' and a sacrament, which holds great value in Indian society. The ritual of 'saptapadi,' where the bride and groom jointly take seven steps before the sacred fire, is a crucial component of this sacramental union. Upon completing the seventh step, the bridegroom declares the creation of a lifelong friendship and partnership, with the wife being considered an "ardhangini," or half of the self.
The Court has clarified that mere registration of a marriage, without the performance of the requisite ceremonies, does not confer legitimacy to the marriage under Hindu law. The advantages of registration lie in facilitating proof of the occurrence of the wedding in disputed cases, but it cannot substitute the actual solemnization of the marriage as per Section 7 of the Hindu Marriage Act.
Furthermore, the Court has distinguished the Hindu Marriage Act from the Special Marriage Act, 1954, which allows a man and woman, irrespective of their race, caste, or creed, to acquire the status of husband and wife. Under the Hindu Marriage Act, in addition to the conditions prescribed in Section 5, the couple must also solemnize the marriage in accordance with Section 7 of the Act.