Marriage in a Temple ..

Well, I think, in Hindu Laws,,, marriage done at temple will be Legal & valid. 

Friends, Priest,Family members, present at the time of that marriage are the witnesses of the deed done, and photographs/videos taken at that time are also considered as proof of the same.

But when it comes to the Breaking part, you will definitly have to file a Divoce case.

Even though A Gandharva Marriage is a historic marriage tradition based on mutual attraction between a man and an woman, with no rituals, witnesses or family participation., In the late 1817, Gandharva  marriages were ruled as legal by the Bengal Saddar Court.

@Sonia,

Such marriage is no marriage in the eyes of law where no rituals were followed and where no witness was present and even no pandit was there.

Gandharva is  a form of marriage where there is no witness but it has no legal acceptance. How will a spouse prove such marriage? If within few days of such marriage, the spouse have not lived together even a single day, how can you prove it? If there could be a single witness who could go to court and say that the two spouses were staying like husband and wife for few days, that also would not make it a valid marriage as living together is not a marriage in the eyes of law.

//peace

/Saurabh..V

Thanks Saurabh /Dipangkar

But if , the Girl(spouse) proves her marriage - by submitting the pictures of their marriage (at temple) as an evidence ,at Court  ( maybe for eg. for any maintenaince reason in near future or so..)

...then in such case whether ,this marriage becomes Valid in the eyes of Law ..??

aakhir baat kya he tell me clearly.

In ancient Hindu law, 8 forms of marriege prevailed, of which only 3 were valid before 1955. These were Bharma, Gandharva, and Asura.

In modern Hindu Laws, those 8 forms of marriege were divided into 2 classes. Approved marriage & Unapproaved marriege.

Approved marriage = Brahma, Daiva & Prajapatya

Unapproved marrige = Ashura, Gandharva, rakshasha & Paisacha.

The Hindu Marriage Act 1955, doesn't specifically provide for any form of marriage. The Act calls marriage solemnized under the Act as hindu marriage which may be performed in accordance with the shastric rites and ceremonies or in accordance with the customary ceremonies prevalent in the community to which the bride or Bridegroom belongs. However, this DOESN'T mean that a marriage cannot now take place in any one of the aforesaid three forms (Brahma, Gandharva, Asura). marriage can still be entered into any one of the 3 forms by performing necessary ceremonies and rites required by the Act, through distinction between Approved Marriege & Unapproved Marriege is, no longer Tenable, and all marrieges performed after the commerencement of the Act are in only Approved form.

The Gandharva marriege form is fast becoming popular among the younger generation.

It's also a settled Law that in the Gandharva form, the ceremony of  KANYADANAM is NOT Essential.

In your case Sonia, you said that she have pictures of the marriege to submit as evidence. If those pictures  are Not Photoshopped then, The court will definitly accept this marriege as valid, unless the contrary can be proved by the party asserting so.

Section 114, Evidence Act lays down that where independent evidence of solomnizing of marriege is not available, it will be presumed to be a valid marriege by continuous cohabitation between the parties unless contrary is provided.  If a community of neighbours treat a couple as husband and Wife, they are thus reputed to be married, the burden of Proof that they were NOT properly married lies on the party asserting so.

It is the Policy of the law to lean in Favour of Validity of Marriege, once it is proved that it has existed.

Dear Sonia,

If u perform Gandharva marriage and you have snaps with you then it is a legal marriage but there are various loopholes and it can be easily proved that this marriage is not performed legally. So first of all come with complete record and the result what you want only then anyone will be able to guide you properly.

Regards

@Sonia,

As you yourself stated that the spouses did not live together at all and the marriage lasted only for few days, such cases has to be regarded as "No marriage" because if the court agrees that marriage has happened, then it will bring disbalance in the soceity. Any girl can marry like this, and then not even stay with the boy and claim maintenance.

In my view, legalizing such marriage which was not kept alive for even one month and the spouses did not live together and did not consummate the marriage, would wreck havoc on the society.

Though as rightly mentioned by other members, once a marriage is done and there are proofs to show that it was complete in al ritualistic respects, then it would be considered a valid marriage. However other lingering issues which are very heavy would ultimately discard a case of maintenance by the girl.

Also even if you have proof of putting the var-mala, yet there could be loopholes of non-performace of every ceremony.

//peace

/Saurabh..V

@ Sonia, So, to which  community does the bride or the bridegroom belongs ? Decision of the court may vary due to this status.....

@ Author

I slightly (academic point of view) disagree to replies of few writers on board here;

A. The validity of a Hindu Marriage between two Hindus is based on the provisions of S. 7 of the Hindu Marriage Act, 1955 which states;

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 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."


The person who says that essential marriage ceremonies including the Saptapadi as described in here for Hindus especially for the Arya Samajis & Sanatan Dharamis is not necessary to make the Hindu Marriage valid for these Hindus is absolutely novice & should avoid answering such questions to avoid the asker to be misguided by wrong information. Hindu Marriage depends on various factors such as that both parties to marriage should be Hindus, secondly the marriage ceremonies they go through should be according to customary rites and ceremonies of either party thereto, meaning hereby that these marriage ceremonies which they go through should be according to customary rites of at least one of them if not both.
Illustration:
A Sikh marrying a Hindu according to Anand Karaj Sikh form of marriage or Santan Dharam / Arya Samaj Marriage will be a valid marriage although here both parties are not Sikhs or Hindus but one of them is Sikh & the other one is Hindu. What court will see in the case that the form of marriage which both went through was according to the customary rites & ceremonies of at least one of them.

'Gandharva' form is noted in Mullas Hindu Law, 12th Edition, at p. 605:

"The Gandharva marriage is the voluntary union of a youth and a damsel which springs from desire and sensual inclination. It has at times been erroneously described as an euphemism for concubinage. This view is based on a total misconception of the leading texts of the Smritis. It may be noted that the essential marriage ceremonies are as much a requisite part of this form of marriage as of any other unless it is shown that some modification of those ceremonies has been introduced by custom in any particular community or caste."

At p. 615 it is further stated:

"(1) There are two ceremonies essential to the validity of a marriage, whether the marriage be in the Brahma form or the Asura form, namely-

(1) invocation before the sacred fire, and 841

(2) saptapadi, that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire.

(3) A marriage may be completed by the performance of ceremonies other than those referred to in subsection (1), where it is allowed by the custom of the caste to which the parties belong."

Re.: Bhaurao Shankar Lokhande & Anr Vs. State Of Maharashtra & Anr. 1965 AIR 1564; 1965 SCR (2) 837


@ Author now from above check what exactly are the facts in hand and correct answer is already there J JJ

Re.:
2. Baburao Parashuram Ukharde And. Vs. Smt. Laxmibai And Ors.
    II (1995) DMC 326

Not sure why.....but in my marraige......we walked together only for five times around the sacred fire........and I even have proof of it in terms of vedio recording.

DOES IT AFFECT LEGALLITY OF MY MARRAIGE ANYWAY ?

@ PC

May be the battery of Video Camera knocked off during last 2 pheras which one side can establish on floor of Court. Well that was on lighter notes (check with elders in family your customary ceremonies during marriage) and otherwise also what is Spta Pdi

 
The bridegroom and the bride go round the fire four times. In the first three rounds the bride leads and in the fourt the bridegroom leads. According to Vedic love attainment of Dharam (duty); Artha (wealth); Kama (desires) and Moksha liberation i. e. salvation from birth and death) is the aim of life. The bride takes up the responsibility of observing Dharaw and so she leads. As dharma can-not be attained without Arth (wealth) the bride comes forward again in the second round for proper utilization and expenditure of wealth. In the third round the bride again leads, as, for the proper rearing of progeny it is the wife who has to shoulder the entire responsibility. The bride takes over the responsibility of absolation from Rishi-Rin, Dev Rin. Accordingly in the three rounds she offers Lajas in the fire, grasps the right hand and steps on the stone. It is on the direction of the bridegroom that the bride steps over the stone. The. bridegroom says, “from today onward you may have to face many obstacles and difficulties but you should crush all of them and trample under your feet all those who act as your enemies. You have to remain as firm and stead-fast as this stone. In no case you have to falter.1' Another significance of stepping over the stone is that the path of the married life is difficult to tread like the mountains. The bridegroom assures the bride that he will fully cooperate with her facing all those difficulties which would come in their way. After the third round the bride says that she has taken upon herself the res-ponsibility as regards Dharam, Arth a and Kama and asks : ‘ Who will take up the responsibility of leading them to salvation i.e. Moksha”. Then the bridegroom quickly leads in the fourth round. In common practice also when the bride and the bridegroom enter the house after marriage, it is the bride who leads. In the round there is no chanting of the Mantras. Silence and one pointed ness are the keys of spiritualism which requires introversion.


Lava in Hindi and Lavan in Punjabi are the corrupt forms of Laja, therefore, Laja-Home is called Lavan-Pherray.

Shastras do not consider the manage as valid even after the brothers have offered the Laja Home. Only Sapta-padi completes the marriage ceremony. The consent of the bride is necessary for the completion of the marriage and that is evidenced when they perform the Sapt-padi. The Hindu Shastras have vested the final right in marriage in the bride because sometimes the parents and brothers being influenced by greed may commit mistakes. Ancient sages like Manu- Vagya-walkya and others have authoritatively declared that the bride remains unmarried until saptapadi is performed.


Re.: On 04-09-2011 ‘Saptapadi' (taking seven steps around the sacred fire) was held to be an essential ceremony for a valid marriage between two Hindus (governed by the Hindu Marriage Act, 1955) only in cases where it was admitted by the parties that as per the form of marriage applicable to them that was an essential ceremony,'' the Supreme Court has ruled.


The bench held that the Madras High Court was right in holding that the appellant committed the offence of "bigamy'', and the matter was correctly remanded to the trial court for awarding appropriate sentence.


Delivering the judgment, Mr. Justice K.G. Balakrishnan, held that the appellant-husband had no such case that `saptapadi' was an essential ceremony for a valid marriage as per the ``personal law'' applicable.


Therefore, there was a "valid marriage'' (second marriage) on June 18, 1984 between the appellant and second accused (a woman) in view of Section 7-A of the Hindu Marriage Act - which was introduced by the Tamil Nadu Amendment Act, 1967 in the main 1955 Act (Central Act).


The bench found that it was proved that the appellant had committed the ``offence of bigamy'' under Section 494 of the Indian Penal Code (IPC) as it (the second marriage) was done during the subsistence of his earlier marriage (with the respondent-complainant).


Dismissing an appeal from the appellant-husband against the High Court's verdict, the bench, which included Mr. Justice D.P. Mohapatra, observed that ``Section 7-A of the Act applies to any marriage between two Hindus solemnised in the presence of relatives, friends and other persons'' and ``the main thrust of this provision is that the presence of a priest is not necessary for the performance of a valid marriage'' and ``parties can enter into a marriage in the presence of relatives or friends or other persons and each party to the marriage should declare in the language understood by the parties that each takes other to be his wife or, as the case may be, her husband, and the marriage would be completed by a simple ceremony requiring the parties to the marriage to garland each other or put a ring on any finger of the other or tie a thali.''


"Any of these ceremonies, namely garlanding each other or putting a ring on any finger of the other or tying a thali would be sufficient to complete a valid marriage,'' the bench added.


The appellant married the respondent (first wife) on September 6, 1970. Three children were born from that wedlock.

The respondent alleged that the appellant started ill-treating her and on many occasions she was physically tortured.

Therefore, she (respondent) left her marital home and started staying with her parents. While so, the respondent came to know that the appellant had entered into a (second) marriage with another woman on June 18, 1984 and that the marriage was performed in a marriage hall in Tamil Nadu.

The respondent then filed a criminal complaint before the Metropolitan Magistrate (trial court) against the appellant for offence of "bigamy''. The trial court held that an important ceremony, namely `saptapadi' had not been performed and therefore, the "second marriage'' (of the appellant with the second accused) was not a valid marriage and no offence of "bigamy'' was committed by the appellant.

The High Court, on an appeal from the respondent-first wife, reversed the trial court's decision and held that the parties were governed by Section 7-A of the Hindu Marriage Act and that there was a "valid marriage'' between the appellant and the second accused and therefore, the appellant was guilty of the offence of "bigamy''.

So, I would like to repeat my question to you sonia.