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Swami Sadashiva Brahmendra Sar (Nil)     09 May 2009

marriage without saptpadi but registered

Friends ! hindu couples married in a temple without saptapadi and ceremonies. lateron they got the marriage registered. is it a valid marriage?



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 17 Replies

A V Vishal (Advocate)     10 May 2009

A Hindu marriage can take place according to the customary rites and ceremonies.

The ceremony of saptapadi and kanyadana are important ceremonies prevalent among vast majority of Hindus and the ceremony of saptapadi before the sacred fire has been held essential for a valid Hindu Marriage.

A V Vishal (Advocate)     10 May 2009

The marriages solemnized, may be registered under the SPECIAL MARRIAGE ACT with office of the registrar, in the Hindu Marriage Register.

Registration is not compulsory and in no way effects the validity of the marriage. It is entirely upto the parties to have the marriage registered.

No marriage can be registered unless the following conditions are fulfilled

  1. A ceremony of marriage has been performed between the parties and they have been living together as husband and wife

Since, the basic rituals have been left out but the registration of the marriage has taken place on the presumption that the rituals were followed, the marriage can be valid or voidable, subject to any dispute in future.

k (advocate)     10 May 2009

gandharva marriage is old tradition  and it is valid  brde and bridegroom  present in temple and garland flower to each other marriage is valid kaushik

manu (advocate)     10 May 2009

yes it is a valid marriage under special marriage act. marriage without registration has no legal sanctity. though the sapthapadi is one of the rites to be performed in hindu marriage, the marriage get legal sanctity only on its registration.

Ravi Arora (Advocate)     10 May 2009

agreed with Mr. Vishal

Ravish Kumar (Manager, legal Dept)     10 May 2009

First of all...the question itself is not complete......." a Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto and where such rites and ceremonies include the Saptapadi, i.e. the taking of seven steps by the bridegroom and the bride jointly before the sacred fire, the marriage becomes complete and binding when the seventh step is taken."

so if the customary rites and ceremonies of either party thereto don't have saptapadi as essential ceremony...then there marriage is valid.. if solemnized in the presence of relatives, friends or other persons..."Saptapadi"  is held to be an essential ceremony for a valid marriage 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..

Rightly said by Kausik...gandharva marriage is old tradition...and it is prevalent practice that girl and boy who marriage against parents view...they generally perform gandharva marriage in arya samaj temple  and subsequently they get it registered...but validity of such marriage can always be challenged...

It is advised that...if one don't want customary marriage....they sud get married under the spl marriage act before the spl marriage officer..in compliance of the provision of the Spl Marriage Act

 

Rvaish Kumar

Ajay kumar singh (Advocate)     10 May 2009

Mere registration of marriage can not legalise an illegal marriage. Registration is proof of marriage but not of its legality. Where the parties to marriage are hindus, SAPTAPADEE  is essential.  

A V Vishal (Advocate)     11 May 2009

Dear Mr Singh:

I beg to differ that the marriage is illegal. My understanding of the term illegal is void, in the instant case the marriage is only voidable but not void. In support of my arguement please refer S 4 of the special marriage act, it is clear that the term marriage is used and not any specific term like under Hindu Marriage act etc... is not used, hence the marriage is not illegal.

4. Conditions relating to solemnization of special marriages. - Notwithstanding anything contained in any other law for the time being in force relating to the solemnization of marriages, a marriage between any two persons may be solemnized under this Act, if at the time of the marriage the following conditions are fulfilled, namely:-

(a) neither party has a spouse living;

(b) neither party is an idiot or a lunatic;

(c) the male has completed the age of twenty-one years and the female the age of eighteen years;

(d) the parties are not within the degrees of prohibited relationship; and

(e) where the marriage is solemnized outside the territories to which this Act extends, both parties are citizens of India domiciled in the said territories
.

15. Registration of marriages celebrated in other forms. - Any marriage celebrated, whether before or after the commencement of this Act, other than a marriage solemnized under the Special Marriage Act, 1872 (III of 1872), or under this Act, may be registered under this Chapter by a Marriage Officer in the territories to which this Act extends if the following conditions are fulfilled, namely:-

(a) a ceremony of marriage has been perform between the parties and they have been living together as husband and wife ever since;

(b) neither party has at the time of registration more than one spouse living;

(c) neither party is an idiot or a lunatic at the time of registration;

(d) the parties have completed the age of twenty-one years at the time of registration;

(e) the parties are not within the degrees of prohibited relationship;

Provided that in the case of a marriage celebrated before the commencement of this Act, this condition shall be subject to any law, custom or usage having the force of law governing each of them which permits of a marriage between the two; and

(f) the parties have been residing within the district of the Marriage Officer for a period of not less than thirty days immediately preceding the date on which the application is made to him for registration of the marriage.

24. Void marriages. - (1) Any marriage solemnized under this Act shall be null and void any may be so declared by a decree of nullity if - 

(i) any of the conditions specified in clause (a), (b), (c), and (d) of section 4 has not been fulfilled; or

(ii) the respondent was impotent at the time of the marriage and at the time of the institution of the suit.

(2) Nothing contained in this section shall apply to any marriage deemed to be solemnized under this Act within the meaning of section 18, but the registration of any such marriage under Chapter III may be declared to be of no effect if the registration was in contravention of any of the conditions specified in clause (a) to (e) of section 15.

Provided that no such declaration shall be made in any case where an appeal has been preferred under section 17 and the decision of the district court has become final.

 

Swami Sadashiva Brahmendra Sar (Nil)     16 May 2009

Thanks ! it is a marriage between parties for whom saptapadi awas a necessary ritual. but they merely garlandad each other in temple treating theidol as witness and nothing else.

V.S.R.Deekshitulu (B.Sc, B.L)     16 May 2009

To say that there is a valid marriage some important rituals like, Saptapadi, Kanyadanam, tying of Tali etc are necessary. simply because the marriage is registered it cannot be presumed that there is a valid marriage. The registrar is concerned with his formality of registration but he need not enquire about the legal formalities of marriage. Hence the answeer.

jitesh (job)     04 November 2009

Hi to Respected members

I am going through same situation as mentaioned above. I need your help.

We both are hindu. State: maharashtra

In my case no ritual has been done as per hindu. we even don't went to temple. Girl's family has manage certificate from temple and on basis of this we had register marriage in grampanchayat. we had planed grant celebration after 6 months i.e. actual marriage.

After month  conflict arises between us and now we want to cancel this marriage registration.But problem is that girl's family not cooperating.

We had not lived together for single minute. we had not done any kind of rituals.

So i have following querry,

1) is it possible to cancel marriage registration certificate?

2)Under which section/act should i proceed?

3)As i said girl's family is not co-operating than what will be cosequence?

4)Could you provide any past judgement in such type of case.

Thanks in advance. I need your expert guidence.

 

 

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     04 November 2009

Dear Mr.Tripathi,

Marriage is voidable and anyone can challange the registration on the basis of non performance of rites and rituals.

Regards

adv.kamal.grover@gmail.com

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     04 November 2009

Mr.Jitesh, i hope u understood what i mean to say.

U can also deny coz they dont have any proof of your marriage. If got any problem then contact me. Dont worry it is not a legal marriage.

Regards

adv.kamal.grover@gmail.com

Preeti (XYZ)     11 March 2010

Hi,


My marriage was registered 3 weeks befor the actual wedding ceremony to ease the visa process. I am now filing for divorce and wanted to know if this marriage is legally registered in the first place. Would appreciate your help.

 

Thanks


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