Recently, a Supreme Court judgement said that a Hindu marriage can be deemed invalid if the applicable rites and ceremonies were not performed during the wedding. Such a marriage will be considered invalid even if it is registered under the law.
The question arises as to what will happen to the woman’s legal rights to alimony and maintenance and the child’s (if there is any progeny) inheritance rights if a marriage is deemed invalid by the court. Also, what laws/rituals under the Hindu Marriage Act, 1955, must the bride and bridegroom satisfy to ensure that the marriage is considered legal and valid.
The Supreme Court delivered the judgement mentioned above in the divorce case on April 19, 2024.
Also Read: A Hindu Marriage is invalid without customary rituals
Woman’s alimony and maintenance rights
Meghna Mishra, Partner, Karanjawala & Co, a law firm, says, “In the event a Hindu marriage is deemed invalid in the eyes of the law, it can have significant implications on the legal rights of the parties involved, particularly women and children. Without a valid marriage, the legal rights to alimony, maintenance and child rights may be jeopardised. As the marriage becomes invalid, a woman will lose her legal right to demand alimony and maintenance from her husband.”
For a marriage to be considered valid, it must comply with Section 7 of the Hindu Marriage Act.
Rohini Musa, Advocate on Record, Supreme Court of India, says, “If a Hindu marriage is not in compliance with Section 7, then it would be considered as no marriage at all, and would be void ab initio (void from inception). As for the rights of a woman to alimony and maintenance, it is important to remember that these rights flow out of a legal and valid marriage. In the event of a marriage being declared a nullity on account of violation of Section 7, there would, in effect, be no marriage in the eyes of the law and, consequently, no such rights would accrue to the woman.”
Children’s inheritance rights
The consequences of a marriage becoming legally invalid would impact the legal status of the children as well. Musa says, “Children born out of a valid marriage (i.e., in compliance with Section 7 of the Hindu Marriage Act) would be considered legitimate and enjoy full inheritance rights as per law. Unfortunately, the same would not be the case for children born out of an invalid marriage. Such children would be deemed illegitimate in the eyes of the law.”However, do remember that there are provisions under the Hindu Marriage Act that protect the rights of children born out of wedlock or born out of void or voidable marriages.
Mishra says, “Children of void or voidable marriages are treated as legitimate under Section 16 of the Hindu Marriage Act and have rights to their parents’ property.”
When is marriage considered legal as per Hindu Marriage Act?
A Hindu marriage is considered legal if it complies with Section 7 of the Hindu Marriage Act.
Mishra says, “Section 7 of the Hindu Marriage Act specifies that for a marriage to be considered valid, it should be solemnised in accordance with the customary rites and ceremonies of either husband or wife. These customs typically include rituals like Saptapadi, i.e., taking of the seven pheras around the sacred fire when mantras are being recited. Marriage is deemed to be completed after taking the 7th phera. However, rituals can include various other practices and the customs can vary depending on the regional and cultural traditions of the individuals involved. A marriage is valid if the customs and rites of either husband or wife were followed and performed. When a marriage has taken place, it is presumed that all the required (as per law) rites and customs have been performed and followed. In the recent Supreme Court judgment, the parties involved had not performed a marriage ceremony according to their customs, and the ‘marriage’ was simply registered. The Supreme Court held that for a valid marriage, the requisite ceremonies have to be performed and there must be proof of performance of the said ceremonies when an issue arises.”
Musa says, “The Supreme Court recently pronounced on what would amount to a valid Hindu marriage under the Hindu Marriage Act. The law declared is two-fold: (a) Unless and until the marriage is performed with appropriate ceremonies and due form (with requisite proof of performance of the said ceremony if an issue arises), the same cannot be said to be solemnised; (b) In the absence of such ceremony, any marriage certificate issued, albeit by an authorised entity, or even the registration of the marriage under Section 8 of the act, would neither confirm any marital status to the parties, nor establish marriage under Hindu law.”
Section 7(1) prescribes that a marriage can be solemnised in keeping with the customary rites and ceremonies of either husband or wife. Musa adds, “Bearing in mind the diversity of customary practices even among the Hindus in India, every state has, in fact, brought out amendments to Section 7 to include the customary rites and ceremonies of that particular region. Therefore, there is no fixed description or definition of what exactly would amount to the ‘customary rights and ceremonies’ necessary for the solemnisation of a Hindu marriage. However, it would be required to establish that the same has in fact been done, in accordance with the practice followed by them.”