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Vaishali   23 September 2017

Marriage without Saptapadi - Valid or Invalid !!!!

I got married to my EX - HUSBAND in 2007, at my residence in presence of his Mother & his Aunt (Maasi) along with my Mother, Father & my younger Brother with a help of a Hindu Priest. We both are Hindu (GUJARATI by caste) by Religion. However, we did NOT do Saptapadi & Agni Pheras solely at the request of my EX - MOTHER - IN - LAW. We got our MARRIAGE REGISTERED at the Sub Registrar. We got our Marriage Certificate. My question is - Whether this Marriage is Valid under Hindu Marriage Act ? 

 



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 8 Replies

Siddharth Srivastava (Advocate)     24 September 2017

Yes marriage is valid for all purposes. As per law if one woman and man lives together as husband and wife and represent themselves in society then such couple should be presumed to be husband and wife. In your case you had even got registered your marriage also. As such there is no reason of any doubt.

Vijay Raj Mahajan (Advocate)     24 September 2017

North Indian Hindu sacramental marriage where the essential ceremonies like Saptapadi and Homa are not performed will not be valid at all even if the marriage was registered by the Registrar of Marriages, it is absolutely null and void marriage. Please don't get misguided by lay persons who have no knowledge of Hindu Marriage Act, 1955.

Vijay Raj Mahajan (Advocate)     24 September 2017

North Indian Hindu sacramental marriage where the essential ceremonies like Saptapadi and Homa are not performed will not be valid at all even if the marriage was registered by the Registrar of Marriages, it is absolutely null and void marriage. Please don't get misguided by lay persons who have no knowledge of Hindu Marriage Act, 1955.

Vijay Raj Mahajan (Advocate)     24 September 2017

North Indian Hindu sacramental marriage where the essential ceremonies like Saptapadi and Homa are not performed will not be valid at all even if the marriage was registered by the Registrar of Marriages, it is absolutely null and void marriage. Please don't get misguided by lay persons who have no knowledge of Hindu Marriage Act, 1955.

Vaishali   24 September 2017

Then what is Section 7a of the Hindu Marriage Act 1955? 

It doesn't consider Saptapadi as important & infact it states that Marriage without Saptapadi is valid.....

Why there is a huge difference in law?

I never saw a word in HIndu Marriage Act whichs states that Marriage is invalid without Saptapadi... it only mentions complete & binding & I feel that everybody has their own perception of the word complete.. 

Why there's a huge difference of law between North & South ? 

 

Vaishali   24 September 2017

What is Section 7a of the Hindu Marriage Act? 

Sachin (N.A)     24 September 2017

Unless the marriage is celebrated or performed with proper ceremonies and in due form, it can't be said to have been solemnized.

Adv Radhika Mehta (Advocate)     25 September 2017

Saptapadi' (taking seven steps around the sacred fire) was held to be an essential ceremony for a valid marriage between two Hindus (governed by the Hindu Marriage Act, 1955) only in cases where it was admitted by the parties that as per the form of marriage applicable to them that was an essential ceremony, by the Supreme Court.  That is to say that if it is a ceremony recognized by either of the parties, it has to be performed for a marriage to be valid. 

Supreme court also held that Section 7-A of the Act applies to any marriage between two Hindus solemnised in the presence of relatives, friends and other persons'' and ``the main thrust of this provision is that the presence of a priest is not necessary for the performance of a valid marriage'' and ``parties can enter into a marriage in the presence of relatives or friends or other persons and each party to the marriage should declare in the language understood by the parties that each takes other to be his wife or, as the case may be, her husband, and the marriage would be completed by a simple ceremony requiring the parties to the marriage to garland each other or put a ring on any finger of the other or tie a thali.''


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