Hindu marriage
dr.pritam mohanty
(Querist) 03 January 2012
This query is : Resolved
i m bit confused by the answers given by one of the expert 1.hindu marriage act says marriage to be done with rituals and costums and saptapadi is a must for valid marriage then how puting sindoor is considered to be a valid marriage without any rituals and registration if it is valid then i think in every holy any body can lodge a case by saying that the boy has put vermillion so the boy is married to the concerened girl then according to expert if i put sindoor to a unmarried girl in a temple then i m married according to hindu marriage act
Devajyoti Barman
(Expert) 03 January 2012
Saptapadi is mandatory only if it is the essential part of that marriage.
In many hindu marriage saptapadi is not carried out.
Use your earlier thread for further posts on the same query in stead of posting new ones.
V R SHROFF
(Expert) 03 January 2012
Dr.
You are right.
Sindoor story have no weight-age to hold it as marriage.
Deepak Nair
(Expert) 03 January 2012
Pleae follow the original thread for further discussions.
Sudhir Kumar, Advocate
(Expert) 03 January 2012
Please read Section 7 of Hindu Mariage Act
7. Ceremonies for a Hindu marriage.-
(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 saptpadi (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.
State Amendments
Section 7A
Pondicherry :
After section 7, insert the following section, namely:—
(a) by each party to the marriage declaring in any language understood by the parties that each takes the other to be his wife or, as the case may be, her husband; or
(b) by each party to the marriage garlanding the other or putting a ring upon any finger of the other; or
(c) by the tying of the thali.
(2) (a) Notwithstanding anything contained in section 7, but subject to the other provisions of this Act, all marriages to which the section applies solemnised after the commencement of the Hindu Marriage (Madras Amendment) Act, 1967, shall be good and valid in law.
(b) Notwithstanding anything contained in section 7 or in any text, rule or interpretation of Hindu law or any custom or usage as part of that law in force immediately before the commencement of the Hindu Marriage (Madras Amendment) Act, 1967, or in any other law in force immediately before such commencement or in any judgment, decree or order of any court, but subject to sub-section (3) all marriages to which this section applies solemnised at any time, before such commencement shall be deemed to have been, with effect on and from the date of the solemnisation of each such marriage, respectively, good and valid in law.
(3) Nothing contained in this section shall be deemed to—
(a) render valid any marriage referred to in clause (b) of sub-section (2), if before the commencement of the Hindu Marriage (Madras Amendment) Act, 1967,—
(i) such marriage has been dissolved under any custom or law; or
(ii) the woman who was a party to such marriage has, whether during or after the life of the other party thereto, lawfully married another; or
(b) render invalid a marriage between any two Hindus solemnised at any time before such commencement, if such marriage was valid at that time; or
(c) render valid a marriage between any two Hindus solemnised at any time before such commencement, if such marriage was invalid at that time on any ground other than that it was not solemnised in accordance with the customary rites and ceremonies of either party thereto:
Provided that nothing contained in this sub-section shall render any person liable to any punishment whatsoever by reason of anything done or omitted to be done by him before such commencement.
(4) Any child of the parties to a marriage referred to in clause (b) of sub-section (2) born of such marriage shall be deemed to be their legitimate child:
Provided that in a case falling under sub-clause (i) or sub-clause (ii) of clause (a) of sub-section (3), such child was begotten before the date of the dissolution of the marriage or, as the case may be, before the date of the second of the marriages referred to in the said sub-clause (ii).”
[ Vide Tamil Nadu Act 21 of 1967, sec. 2 (w.e.f. 20-1-1968).]
Raj Kumar Makkad
(Expert) 03 January 2012
There is no hard and fast rule for a valid Hindu Marriage as section 7 (i) of HMA empowers to follow tradition/custom. apart from that State amendments are in support of your contension.
prabhakar singh
(Expert) 04 January 2012
Your several posts on the topic shows either you are enjoying free lunch without any problem or you are confused not a bit but a lot.Visit a lawyer's chamber with fact of case for remedy.
Shonee Kapoor
(Expert) 05 January 2012
Bang on the point Ld. Prabhakar Singh Ji.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
M/s. Y-not legal services
(Expert) 05 January 2012
yes am also agree with prabhakar sir..
on this same issue this author posting so many query just by changing the contentions
-tom-
