sec 7 of HMA
Querist :
Anonymous
(Querist) 07 November 2010
This query is : Resolved
Respected lawyers,
If somebody is a hindu by religion and one of the essences of his metrimonial ceremonies is "Saptapadi"(according to their customs as usually is in hindus). And later if he finds that there were only five "fere" around the sacred fire that the bride and bridegroom took together during marriage, is it contravention of sec 7 of HMA? Can either party file a petition for nullification of marriage since sec5 and 7 are not satisfied together??
Khaleel Ahmed
(Expert) 07 November 2010
No petition can be filed for nullification of marriage ,once it is solemnised with the consent of the parties.As per Hindu law, marriage is sacrament not a contract.
Parthasarathi Loganathan
(Expert) 07 November 2010
Once Hindu marriage is solemnized in accordance with the customary rites and ceremonies including the Saptapadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete. Mr.Khaleel has rightly said that any Hindu Marriage is not a contract though consent of either parties is present.
Querist :
Anonymous
(Querist) 07 November 2010
but very recently a hon'ble court nullified a hindu marriage after twelve years of it's solemnization only because there were four rounds before the sacred fire instead of seven (a very recent highlight in television news). I'm just forgetting which court passed this decree.
R.Ramachandran
(Expert) 08 November 2010
Dear Anonymous,
Yes, if taking 'sapthapati' (seven rounds) around the sacred fire is one of the rites and ceremonies of the hindu marriage and if all the seven steps are not taken then the hindu marriage cannot be said to have been solemnised.
Chanchal Nag Chowdhury
(Expert) 08 November 2010
Now marriages are compulsorily registrable. Once marriage is registered, it is binding Saptapadi or no Saptapadi.
A. A. JOSE
(Expert) 09 November 2010
Mr.Chanchal Nag Chowdhury is right.
Arun Kumar Bhagat
(Expert) 11 November 2010
Mr. R. Ramchandran is right. The question relates to unregistered marriage, the marriage solemnised as per Hindu rites and customs so in my view the answer of Mr. C.Nag Chowdhury is not relevant.
