• Mere registration does not give legal recognition to a Hindu marriage


• Rituals must also be followed


• A landmark judgment of the High Court

Gujarat: In a significant result on Wednesday, High Court of Gujarat Explained that, only by registering marriage Hindu marriage not valid; For this, necessary religious rituals and rites like ‘Saptapadi’ (seven rounds around the sacred fire) are required. The court observed that Hindu marriage is not a mere ritual or formality but a solemn and sacred socio-cultural bond. The high court made this observation while hearing an appeal filed by Kaushal Sonar, a non-resident Indian (NRI).

What is the matter?

Kaushal Sonar, a resident of the United Kingdom (UK), appealed against an order of the Family Court. In this order, the plea seeking annulment of their alleged marriage was rejected. Justice Ilesh Vora and Justice R. T. Vacchani’s bench set aside the family court’s order and clarified that the foundation of Hindu marriage rests on essential religious and legal rituals.

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A man’s refusal to accept the woman concerned as his wife

Petitioner Kaushal Sonar claimed in the court that he lives in the United Kingdom, while the concerned woman lives in Ahmedabad. According to Kaushal, he came to know about the alleged marriage only when the woman contacted his parents claiming to be his legal wife and submitted the marriage certificate. Sonar further stated that he had not married the woman according to Hindu customs, had not cohabited with her as his wife, nor had he ever consented to such a relationship.

The relationship of husband and wife also does not exist

Kaushal alleged that his signatures on the marriage documents were fraudulently obtained. After analyzing the available facts, the Court observed that the concerned woman herself had admitted before the Family Court that no marriage ceremony had taken place between the parties and there was no relationship between them as husband and wife; Therefore, the lower court erred in dismissing the petition. Referring to Section 7 of the ‘Hindu Marriage Act’, the High Court explained that a marriage is considered complete and binding only when it is solemnized in accordance with prevailing customs and rituals.

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