The Gujarat High Court has ruled that a marriage registered under the Hindu Marriage Act cannot be considered legally valid in the absence of essential customary rites and ceremonies, stressing that a Hindu marriage is not “merely an occasion for song and dance.” The court underscored that compliance with rituals such as saptapadi (the seven sacred steps around the fire) is fundamental to the validity of a Hindu marriage. The judgment was delivered on June 23 by a division bench comprising Justices Ilesh Vora and R.T. Vachhani, and the order was made public on Monday.

The court made these observations while allowing an appeal filed by a UK-based man who had challenged a family court’s refusal to declare an alleged marriage void. In his petition, the appellant argued that he had never solemnised a marriage with the respondent, never participated in any Hindu marriage rituals, and had never lived with her as husband and wife. He further alleged that his signatures on marriage-related documents were obtained fraudulently and without his free consent.

The court noted that the respondent herself had admitted before the family court that no marriage ceremonies had taken place and that the parties had never shared a marital relationship. Despite these admissions, the family court had dismissed the man’s plea, prompting the High Court to intervene. Setting aside the earlier ruling, the bench held that the lower court had failed to consider the absence of mandatory legal requirements necessary to establish a valid Hindu marriage under Section 7 of the Hindu Marriage Act.

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The High Court reiterated that a Hindu marriage must be solemnised in accordance with customary rites and ceremonies, and where saptapadi is part of the tradition, the marriage becomes complete only upon the couple taking seven steps together before the sacred fire. The bench observed that in the absence of such rites, the basic legal foundation of a Hindu marriage is not established. The court further emphasised that Hindu marriage is not merely a social or ceremonial event but a sacrament rooted in spiritual and cultural significance.

It described marriage as a solemn institution forming the foundation of a family and said it represents a lifelong, dignified, consensual union between two individuals. The judgment cautioned against reducing marriage to a mere formal or commercial arrangement. Highlighting the importance of traditional practices, the bench noted that customary rituals, though varying across regions and communities, are considered essential for sanctifying the union and transforming the spiritual status of individuals entering into marriage.

It also observed that young people should understand the sanctity and legal significance of marriage before entering into such commitments. The ruling is expected to have wider implications for disputes involving alleged marriages registered without proof of essential ceremonies, reaffirming the judiciary’s stance that legal registration alone cannot substitute for the mandatory rites prescribed under Hindu personal law.

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