Section 7 in HMA 1955:

(1) A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.

(2) Where such rites and ceremonies include the Saptapadi (that is, 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.

Explained:

ection 7 of the Hindu Marriage Act, 1955 explains the legal requirements relating to the customary rites and ceremonies of a Hindu marriage. It recognises the marriage customs followed by either party and determines when a marriage becomes complete under the applicable ceremonies.

Important provisions under Section 7

• Customary ceremonies: A Hindu marriage may be solemnised according to the customary rites and ceremonies of either party.
• Saptapadi: If the applicable marriage rites include Saptapadi, the marriage becomes complete and binding when the seventh step is taken before the sacred fire.

Important judgments

1. S. Nagalingam v. Sivagami (2001)

The Supreme Court explained that Saptapadi is not compulsory in every Hindu marriage; the applicable customary ceremonies determine the requirements. The Court also considered Section 7-A, a special Tamil Nadu amendment governing certain forms of marriage.

2. Dolly Rani v. Manish Kumar Chanchal

The Supreme Court held that a marriage must be solemnised through the requisite ceremonies under Section 7. Merely obtaining a marriage registration certificate does not establish a valid Hindu marriage if the necessary ceremonies were never performed.

3. Gullipilli Sowria Raj v. Bandaru Pavani (2009)

The Supreme Court held that a marriage between a Hindu and a person who was not Hindu could not be treated as a valid Hindu marriage under the Hindu Marriage Act in the circumstances of that case. This decision highlights the importance of satisfying the Act’s applicability and statutory requirements.

Conclusion

Section 7 of the Hindu Marriage Act, 1955 is essential for determining whether a Hindu marriage has been legally solemnised. Couples should follow the customary ceremonies applicable to their marriage and preserve evidence of their performance. Registration is important for proof, but it cannot replace ceremonies required by law.