Ceremonies & Customary Ceremonies of Hindu Marriage Ceremonies Ceremonies are an integral part of and very essential essential for a Hindu marriage to be conside considered red valid valid as per the Act. Performance Performance of Saptapa Saptapadi di and its completi completion on after after panigrahana is essential for a valid Hindu marriage. All other Shastric ceremonies are optional and may or may not be performed to validate a Hindu marriage. The Act that governs Hindu marriages is the Hindu Marriage Act 19. A number number of Shastric ceremonies ceremonies are are recogni!ed recogni!ed and these these include" include" Kanyadana"# Kanyadana "# The bride is given a$ay to the bridegrrom. The father of bride says %My unmarried daughter $ho is shining in her decorations and $ho is fit to be devoted $ife& to thee of good character and $isdom ' give for the attainment of (harma& Artha& )ama and Mo*sha. Saptapadi"# Saptapadi "# Seven Seven steps steps are ta*en ta*en aroun around d the sacred sacred fire& fire& the the bride bridegro groom om says says +,ecome thou no$ my partner& partner& as thou hast places& all the seven steps-.Aye steps-.Aye Partners have %$e become as $e have together and $e shall reside together/ $e each shall be source of 0oy unto the other/ $ith mutual good$ill shall $e live together. Vivaha homa or Laja Homa "# The mantras of la0a homa or vivaha homa pray for long life& vigour and prosperity. 'n Apibai 'n Apibai Vs. Vs. Khimji 1937 Bom 138 it $as held that vivaha homa is necessary but presence of priest is not necessary& chanting of mantras also not necessary. 'n Modi vs modi 192 modi 192 Cr 34 567 held that vivaha homa is an essential ceremony.
Madras High Court after e8amining te8ts came to the conclusion that there are
t$o essential ceremonies necessary necessary for the performance of Hindu Marriage. ne is Secular Ceremony : )anyadanam and the other is ;eligious Ceremony : Panigrahana and Saptapadi. 'n Sudras
if it is omitted and all other ceremonies are performed still marriage is invalid. 'n Arya Sama0ists saptapadi is a necessary ceremony
Customary Ceremonies"# Ceremonies "# 'f customary ceremony is prevalent on the side of either party& its performance $ill be enough for the validity of the marriage. =or such validity they must sho$ and prove custom $hich must be ancient& continues& according to public policy& etc. Several customary ceremonies are recognised
li*e South 'ndia : Tying of thalli into the nec* of bride $ith three *nots itself is sufficient to validate validate marriage. marriage. Among Among Santhals Santhals : smearing smearing of vermillo vermillon n by bridegro bridegroom om on the forehead of bride is only essential ceremony. 3i*e Chadar Anda!i among 4ats& ,uddist only mutual consent& Si*hs : Anand )ara! form of marriage ma*es marriage validate. 3i*e$ise every marriage must solemni!e either by sastric form or in substitution of it in customary form of either the parties to the marriage other$ise is invalid. Section 7 " 7 " 1> A Hindu marriage may be solemni!ed in accordance $ith the customary rites and ceremonies of either thereto. 5> ?here ?here such such rites rites @ cerem ceremon onies ies inclu include de Sapt Saptap apad adii i.e. i.e. ta*ing ta*ing 2 steps steps by the bridegroom and the bride 0ointly before sacred fire>. The marriage becomes complete and binding $hen the seventh step is ta*en. ,y this section section it is clear clear that every every marriage marriage must be solemni! solemni!ed ed as per ceremonies. Such ceremonies may be customary or shastric ceremony atleast they must observe saptapadi. ,y various court decisions Effect of non-performance of necessary ceremony Becessary ceremonies either shastric or customary $hich ever are prevalent on the side of bride or bridegroom must be performed other$ise marriage $ill be invalid. 8" 'f bride is a 4ain and bridegroom is Si*h then marriage must be solemni!ed either saptap saptapad adii 4ain 4ain ceremo ceremony ny>> or Anand nand )ara! )ara! Si*h Si*h cerem ceremon ony> y> must must be perfo performe rmed d other$ise marriage is not valid. Performance of necessary ceremonies is a vital Duestion in cases of bigamy. 'n Dr. N.A, Mukerji Vs. State (A! "#$# A%% &'# $here $here (r. Mu*er0i Mu*er0i $as prosecuted prosecuted for bigamy bigamy.. 't $as alleged alleged that E ceremoni ceremonies es of marriage at three different times $ere performed. 1> ath ta*ing infront of moon. 5> 8cha 8chang nge e of garla garland nds s in )ali )ali Temple mple after after $al*i $al*ing ng seven seven steps steps an imitat imitation ion of saptapadi. E> Ceremony performed before the Furu Franth Sahib an imitation of Si*h ceremony as girl $as Si*h. Court held that performance of moc* ceremonies ceremonies does not constitute valid marriage hence prosecution for bigamy failed. Dei)ain Achi Vs. *hi+ambara *hettiar ( A! "#& Ma+.$ The parties belonged belonged to an Anti#Purohit Anti#Purohit Association Association of Self ;espectors. ;espectors. They opposed opposed to having having priest priest officia officiating ting at marriage marriages. s. Therefo Therefore& re& accordin according g to the practice of that association in the presence of their friends and invitees e8changed garlands. 't $as contended contended that this $as sufficient sufficient for a valid marriage. The contention contention $as re0ected and held that the customary ceremonies can not be altered e8cept by legislation such such as the Special Special Marri Marriag age e Act. Act. The The altera alteratio tion n cann cannot ot be made made by a societ society y or association of recent date. So it $as held that marriage $as null and void.
So by mere non observance of proper ceremonies marriage can held invalid. Beither the parties can claim any *ind of rights over others. So many innovations innovations had been approved approved by the courts in customary ceremonies. ceremonies. ;ecently ,y Arya Sama0ists $as held valid. So until either custom is proved or legislation is passed marriage performed in particular innovative ceremony is not valid !ajaihi Vs. Se%%iah Se%%iah ("#$$ M/ &0 'n Tamilnadu an association *no$n as Self ;espectors cult& an Anti#Purohit organisation $hose main ob0ects is to do a$ay traditional rites and ceremonies. 'ntroduced bride and bridegroom bridegroom to the big gathering notable person of the place are invited and one of them is reDuested to preside over the function and then bride and bridegroom e8change garlands and sings. The marriage $as given $ide publicity. Madras High Court 4ustice Satyanaryana Satyanaryana ;ao said that it is good to simplify the marriage ceremony but it $ill be a dangerous doctrine to lay do$n a community should have liberty to prescribe ne$ ceremonies $ithout statutory authority held marriage is void. !am Saran Vs. Mahabir Se1ak There $as a *atar marriage marriage to a s$ord>. The bridegroom $ho $as )shatriya sent his s$ord and the marriage $as performed $ith the s$ord. 't $as held that such marriage is not valid. n re 2onus1ami Marriage $as solemni!ed solemni!ed by tying of thali in the presence of 'dol in the temple form $as a form of customary marriage and even $ithout any priest to officiate at the ceremony. There $as thereby a complete marriage. Court held bigamy is committed by Husband and convicted him. 3rin+a)ana Vs. !a+hamani There $as an e8chang e8change e of garland garlands s bet$een bet$een bride and bridegroom bridegroom.. There There $as no homam or other ceremony. 't $as argued that it constituted a valid gandharva marriage. Held in gandharva form of marriage the only ceremony that may not be reDuired to be perf perfor orme med d is gift gift of brid bridge ge *an *anya yada dana nam> m>.. 8ch 8chan ange ge of garl garlan ands ds bein being g e8pressiveof the gift of the one to the other. Ceremony of homam should be performed as other$ise marriage is not completed. 3haurao Vs. State of Maharashtra There is a prosecution for bigamy the Duestion $as second marriage $as performed or not. Bo proof that essential shastric ceremonies $ere performed. Court held merely going through certain ceremonies $ith the intention that the parties be ta*en to be married $ill not ma*e the ceremonies ceremonies prescribed by la$ or approved by any established established custom. Hence conviction for bigamy $as Duashed. !am *han+ra Vs. Manju Calcutta High Court held mere agreement to live together as husband and $ife after an e8change e8change of garlands is not sufficient sufficient to establish gandharva gandharva form of marriage. =or valid gandharva gandharva marriage a caste custom should be proved. This form of marriage is obsolete in ?est ,engal but valid under Mithila School.
Kai%asananth Vs. 2arasakthi At the time of ,etrothal ,etrothal ceremony ceremony bridegrooms bridegrooms father placed placed a 0e$el on the brides brides nec* and marriage $as duly performed as per ceremonies. 3ater $hen $ife died& husband claimed her property. ?ifes relatives claimed marriage is not valid as performed in %Asura form so husband is not entitled to inherit properties. Court held giving form of money or moneys $orth to brides father for his benefit is %Asura form. Has 4e$el is given to the girl and marriage performed in observance of ceremonies held marriage is valid and husband is entitled to properties of $ife. a%it Mohan Vs. Shyamapa+a Das Minor $ido$ remarried again in gandharva gandharva form. Guestion Guestion arise $hether she can inherit property of her former husband. Held remarriage $as ,rahma form and valid marriage and hence as a result she $ill be forfeited to inherit former husbands property. DOC!"#$ O% %C'M VL$ The (octrine of =actum
. Hindu Marriage Act& 19 is blend of both old customary rules and ne$ adopted $estern rules regarding to the validation of marriage.
