The Supreme Court says that a Hindu marriage is not an event for 'song and dance','winning and dining 'or be viewed by the commercial transactions and it emphasized that 'absence of a valid ceremony' under the Hindu Marriage Act
A Supreme Court bench of Justices BV Nagarthna and Augustine George Masih said a Hindu Marriage is a 'samskara' and a sacrament that has to be accorded its status as an institution of great value in Indian society.
In its recent order passed in the matter of two trained commercial pilots, who sought a divorce decree without performing a vaild Hindu marriage ceremony, the bench urged young men and women to "to think deeply about the institution of marriage even before they enter upon it and as to how scared the said institution is, in Indian society"
"A marriage is not event for 'song and dance' and 'winning and dining' or an occasion to demand and exchange dowry and gifts by under due pressure leading to possible initiation of criminal proceedings thereafter. A marriage is not a commercial transaction, it is a solemn foundational event celebrated so as to establish a relationship between a man and a woman who acquire the status of a husband and wife for an evolving family in the future which is a basic unit of Indian society"
Terming marriage as scared as it provides a lifelong, dignity-affirming, equal, consensual, and healthy union of two individuals, the bench said a Hindu marriage facilitates procreation, consolidates the unit of family, and solidifies the spirit and fraternity within various communities.
Bench said, "We deprecate the practice of young men and women seeking to acquire the status of being a husband and wife to each other and therefore purportedly being married, in the absence of valid marriage ceremony under the provisions of the Hindu Marriage Act such as instant case where the marriage between the parties was to take place later"
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