Marriage without valid ceremony is invalid

by Shivendra Pratap Singh | Aug 3, 2015 | Family Law

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.
Shivendra Pratap Singh

Shivendra Pratap Singh

Advocate

Advocate Shivendra, practicing law since 2005, specializes in criminal and matrimonial cases, extensive litigatin experience before the High Court, Sessions court & Family Court. He established kanoonirai.com in 2014 to provide dependable and pragmatic legal support. Over the years, he has successfully assisted thousands of clients, making the platform a trusted resource for criminal and matrimonial dispute resolution in India.

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