'Kanyadaan' not necessary for solemnising marriage under Hindu Marriage Act: Allahabad High Court
11 months, 1 week ago

'Kanyadaan' not necessary for solemnising marriage under Hindu Marriage Act: Allahabad High Court

The Hindu  

The Allahabad High Court has held that ‘kanyadaan’ is not necessary for solemnisation of marriage under the Hindu Marriage Act, and only ‘saptapadi’ is an essential ceremony. A Bench of Justice Subhash Vidyarthi made the observation while hearing a revision petition filed by one Ashutosh Yadav, who had stated that his marriage under the Act mandated a ‘kanyadaan’ ceremony, which was not performed in his case. In its order on March 22, the court said the Hindu Marriage Act merely provides for ‘saptpadi’ as an essential ceremony of a marriage. Considering the overall circumstances, kanyadaan is not necessary for solemnisation of Hindu marriage, the court said.

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History of this topic

‘Hindu marriage not a contract, divorce needs valid consent,’ rules Allahabad high court
6 months ago

‘Hindu marriage not a contract, divorce needs valid consent,’ rules Allahabad high court

Hindustan Times  

The Allahabad high court has ruled that a Hindu marriage cannot be dissolved or treated like a contract. In a case involving a wife’s appeal against the dissolution of her marriage, a division bench of Justices Saumitra Dayal Singh and Donadi Ramesh ruled that a court can only grant divorce on mutual consent if that consent remains valid until the …

SC highlights cultural, legal significance of wedding ceremonies in Indian society
10 months, 2 weeks ago

SC highlights cultural, legal significance of wedding ceremonies in Indian society

Hindustan Times  

New Delhi The Supreme Court has issued a stern reminder about the sanctity of marriage, criticising the trend of reducing weddings to mere “song and dance” and “wining and dining”, while adding that such functions should be approached with reverence rather than extravagance. It added: “We urge young men and women to think deeply about the institution of marriage even …

Hindu marriage not valid unless performed with requisite ceremonies: SC
10 months, 2 weeks ago

Hindu marriage not valid unless performed with requisite ceremonies: SC

New Indian Express  

NEW DELHI: In a significant verdict on the Hindu Marriage Act, the Supreme Court has ruled that the registration of a union will be null and void if a valid ceremony and rituals like the Saptapati, are not performed. “A marriage is not an event for ‘song and dance’ and ‘wining and dining’ or an occasion to demand and exchange …

“Kanyadan” not essential for Hindu marriage as per law: Allahabad HC
11 months, 1 week ago

“Kanyadan” not essential for Hindu marriage as per law: Allahabad HC

Hindustan Times  

Dismissing a plea for summoning the witnesses of a criminal case again, the Lucknow bench of the Allahabad high court has held that as per the Hindu Marriage Act, the ceremony of “Kanyadan” is not essential for solemnisation of a Hindu marriage. The court said that Section 7 of the Act provides only “Saptpadi” as an essential ceremony of a …

Hindu marriage invalid without 'Saptapadi,' other rituals: Allahabad HC
1 year, 5 months ago

Hindu marriage invalid without 'Saptapadi,' other rituals: Allahabad HC

Op India  

Allahabad High Court has ruled out that Hindu marriages are invalid without ‘Saptapadi’ as well as other sacred ceremonies. Allowing the petition filed by Smriti Singh, the court stated, “It is well settled that the word ‘solemnize’ means in connection with a marriage ‘to celebrate the marriage with proper ceremonies and in due form’. The ‘Saptapadi’ ceremony under the Hindu …

Hindu Marriage is Invalid Without Rituals: Allahabad HC
1 year, 5 months ago

Hindu Marriage is Invalid Without Rituals: Allahabad HC

News 18  

Observing that a Hindu marriage is not valid without ‘Saptapadi’ ceremony and other rituals, the Allahabad High Court has quashed the proceedings of a case where a man alleged that his estranged wife had solemnised second marriage without divorcing him. The ‘Saptapadi’ ceremony under the Hindu Law is one of the essential ingredients to constitute a valid marriage but the …

Lawyers Can Solemnise ‘Self Respect Marriage’ Under Amended Hindu Marriage Law in Tamil Nadu: SC
1 year, 6 months ago

Lawyers Can Solemnise ‘Self Respect Marriage’ Under Amended Hindu Marriage Law in Tamil Nadu: SC

News 18  

In a significant order, the Supreme Court on Monday said the lawyers can solemnise ‘Suyamariyathai’ marriages between two consenting adults under the amended Hindu Marriage Act in Tamil Nadu. The Tamil Nadu government, in 1968, had amended one of the provisions of the Act to legalise Suyamariyathai marriages, to radically simplify weddings by shunning mandatory brahmin priests, holy fire and …

Marriage Certificate Issued by Arya Samaj Has No Statutory Force, Allahabad High Court Says
2 years, 3 months ago

Marriage Certificate Issued by Arya Samaj Has No Statutory Force, Allahabad High Court Says

News 18  

While dismissing a plea seeking relief of restitution of conjugal rights, the Allahabad High Court recently observed that the marriage certificate issued by Arya Samaj has no statutory force. The court also observed that it was the case where the rites and ceremonies of ‘Saptapadi’ had not taken place in the alleged Hindu marriage and his counsel also had failed …

Arya Samaj Certificate Alone Cannot Prove Marriage: Allahabad High Court
2 years, 6 months ago

Arya Samaj Certificate Alone Cannot Prove Marriage: Allahabad High Court

News 18  

Taking serious note of frequent use of marriage certificates issued by the Arya Samaj societies, the Allahabad High Court has said that they are misusing beliefs in organising marriages without considering the genuineness of documents. Hearing a habeas corpus petition, the court observed that Arya Samaj societies were issuing marriage certificates without proper solemnisation of marriages, and added that marriage …

Couple Held Two Marriage Ceremonies, Saptapadi Performed In Latter: Gujarat High Court Orders Registrar To Consider Application For Change In Date
2 years, 11 months ago

Couple Held Two Marriage Ceremonies, Saptapadi Performed In Latter: Gujarat High Court Orders Registrar To Consider Application For Change In Date

Live Law  

The Gujarat High Court has allowed a writ seeking a direction upon the Registrar of Marriages to consider the petitioners' application for issuance of a fresh marriage certificate, mentioning the date on which a pompous wedding was held with 'saptapadi', rather than a former date on which the couple had exchanged varmala in presence of a small gathering.Due to pandemic …

Mere Admission Of 2nd Marriage By Accused Isn’t Evidence Of It For Purpose Of Proving Marriage In Bigamy Case: Bombay HC [Read Judgment]
6 years, 10 months ago

Mere Admission Of 2nd Marriage By Accused Isn’t Evidence Of It For Purpose Of Proving Marriage In Bigamy Case: Bombay HC [Read Judgment]

Live Law  

Mere going through certain ceremonies with intention to marriage will not make the ceremonies prescribed by law or approved by customs, the court said. Allowing the appeal of a man convicted of bigamy, Justice AS Gadkari said there is no evidence on record to establish that, the accused performed second marriage by following necessary and essential ceremonies as per the …

Mere Admission Of 2nd Marriage By Accused Isn’t Evidence Of It For Purpose Of Proving Marriage In Bigamy Case: Bombay HC [Read Judgment]
6 years, 10 months ago

Mere Admission Of 2nd Marriage By Accused Isn’t Evidence Of It For Purpose Of Proving Marriage In Bigamy Case: Bombay HC [Read Judgment]

Live Law  

Mere going through certain ceremonies with intention to marriage will not make the ceremonies prescribed by law or approved by customs, the court said. Allowing the appeal of a man convicted of bigamy, Justice AS Gadkari said there is no evidence on record to establish that, the accused performed second marriage by following necessary and essential ceremonies as per the …

SC Refuses To Examine The Challenge Against Constitutional Validity Of Sections 5(ii) And 7 Of Hindu Marriage Act, 1955 [Read Order]
6 years, 11 months ago

SC Refuses To Examine The Challenge Against Constitutional Validity Of Sections 5(ii) And 7 Of Hindu Marriage Act, 1955 [Read Order]

Live Law  

The Supreme Court bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwilkar on Wednesday refused to extend the scope of a writ petition filed by a Karnataka based 26 year old girl, allegedly married without her consent, to accord an express interpretation that the Hindu Marriage Act of 1955 mandates prior consent of both …

Special Marriage Act- No Need To Dispatch Notice Of Intending Marriage At Couples' Residence: Rajasthan HC [Read Order]
7 years ago

Special Marriage Act- No Need To Dispatch Notice Of Intending Marriage At Couples' Residence: Rajasthan HC [Read Order]

Live Law  

A division bench of Rajasthan High Court has directed all marriage officers in the state not to despatch notices to the residence of the applicants who seek solemnization of their marriage under the Special Marriages Act, 1954.Kuldeep Singh Meena had approached the high court the legality of the procedure followed by the marriage officers to paste a notice of the …

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