The Hon’ble Supreme Court of India in Dolly Rani v. Manish Kumar Chanchal, decided on 19.04.2024, reiterated the time-honoured principle that a Hindu marriage is not merely a contract, but a samskara—a sacred and spiritual bond. The apex Court observed that “ A Hindu marriage is a sacrament and has a sacred character. In the context of saptapadi in a Hindu marriage, according to Rig Veda, after completing the seventh step (saptapadi) the bridegroom says to his bride, “With seven steps we have become friends (sakha). May I attain to friendship with thee; may I not be separated from thy friendship”. A wife is considered to be half of oneself (ardhangini) but to be accepted with an identity of her own and to be a co-equal partner in the marriage. There is nothing like a “better-half” in a marriage but the spouses are equal halves in a marriage. In Hindu Law, as already noted, marriage is a sacrament or a samskara. It is the foundation for a new family.”The Court invoked the Rig Veda, which states that after the saptapadi (seven steps around the sacred fire), the bridegroom declares: “With seven steps we have become friends (sakha).” In this profound declaration lies the essence of Hindu marriage—equality, friendship, mutual respect, and spiritual unity. The wife is not a subordinate but an ardhangini (equal half), having an identity of her own and co-equal status in the institution of marriage.
Applicability of the Hindu Marriage Act, 1955
Section 2 of the Hindu Marriage Act, 1955, lays down the scope of its applicability. It extends to:
- Hindus by religion in any of its forms or developments, including followers of the Virashaiva, Lingayat, Brahmo, Prarthana, or Arya Samaj sects;
- Buddhists, Jains, and Sikhs by religion;
- Children, whether legitimate or illegitimate, where one or both parents belong to the aforementioned groups and the child is raised as part of the Hindu fold;
- Converts and reconverts to the Hindu, Buddhist, Jaina, or Sikh religions;
- Persons domiciled in India not governed by Muslim, Christian, Parsi, or Jewish law unless proven otherwise.
Conditions for a Valid Hindu Marriage
Section 5 of the Hindu Marriage Act lays down essential conditions for a valid marriage:
- Monogamy: Neither party should have a living spouse at the time of marriage.
- Mental Capacity: Both parties must be capable of giving valid consent.
- Age: The groom must be at least 21 years, and the bride at least 18 years old.
- Prohibited Degrees: The parties should not fall within the prohibited degree of relationship, unless allowed by custom.
- Sapinda Relationship: The parties must not be sapindas of each other, unless permitted by custom.
Failure to meet conditions (1), (4), or (5) renders the marriage void under Section 11, meaning it is legally non-existent from the outset.
Void and Voidable Marriages
- Void Marriages: These are considered null and void ab initio. Examples include bigamous marriages or marriages within prohibited or sapinda relationships.
- Voidable Marriages: These are valid until annulled by a court under Section 12. Grounds include:
- Impotency of a spouse,
- Consent obtained by force or fraud,
- Pregnancy of the bride by another person at the time of marriage.
Prohibited Degree and Sapinda Relationships
Prohibited Degrees of Relationship:
These include relationships such as:
- Lineal ascendants/descendants (e.g., father-daughter),
- Siblings,
- Uncle-niece or aunt-nephew,
- Children of siblings.
Sapinda Relationship :
- Through the mother: up to the third generation (inclusive),
- Through the father: up to the fifth generation (inclusive),
- The individual is counted as the first generation in both lines.
Two persons are said to be sapindas if one is a lineal ascendant of the other within these limits, or they share a common ancestor within these generational bounds.
Landmark Judgments
Apart from Dolly Rani, the Supreme Court in Smt. Seema v. Ashwani Kumar (2006) observed that registration of marriage, though not a condition for validity, is important for evidentiary and administrative purposes. It directed state governments to frame rules for compulsory registration to safeguard women’s rights.
In essence, Hindu marriage, though governed by codified statutory law, continues to be deeply rooted in religious, cultural, and spiritual traditions It promotes equality, respect, and companionship between spouses. However, the law ensures that such sacred bonds are not exploited and sets strict conditions, including prohibition on incestuous and sapinda unions, and provides remedies against fraudulent or coercive marriages. Through this holistic framework, the Act preserves the sanctity of the Hindu marriage while upholding individual rights and dignity. The Hindu Marriage Act, 1955, while preserving these ancient ideals, provides a clear legal framework to safeguard individual rights and ensure that this sacred bond remains just, equitable, and constitutionally sound in modern India.
