Hindu Marriage Act - sec 3 and section 7

Legality of marriage does not need many proofs

Hindu Marriage Act - sec 3 and section 7

Many women feel inapt or stressed when it comes to proofs of marriage but the law says that even a photograph or some witness at the time of marriage is enough to prove the legality of marriage.

A case of Ratnagiri Maharashtra is evident here to quote. A couple got married in past in Ratnagiri. Since both were from the village, there were both parties from girl and boy side present during the ceremony. The pujari of temple performed the marital rites. Later the panchayat was informed and it was put in the village records. In addition, a witness from both sides was taken and was illustrated on a stamp paper. The husband Harish came to Mumbai for work and became a fitness trainer in a high-class gym. The wife sumitra was in the village. After just a year and half of marriage, Harish stopped communicating with Sumitra. He decided to leave her after 4 years of marriage since he was with a rich women in Mumbai who was helping him to open his own gym. Harish told Sumitra that the village marriage was not valid and it will not be considered valid in the city. Then sumitra approached the lawyers since she also felt that her marriage was not valid and she was living with her husband on wrong pretext. 

However, the lawyers told her about the details of Hindu marriage act 1955, sec 3. 

The sec 3 of Hindu marriage act 1955 says – 

All the traditional customs and rituals have been going on for decades and so they are equivalent to rules and laws. What are rituals or customs? In law language, a ritual is some rule, which has been going on for years and is used every time. It is not invalid in any case and if it is applicable to people and families and locals then it is to be accepted. 

That is why the law takes in course all the religious customs and traditions and rituals which have been going on forever. In this context, there is no specific definition of marriage. 

Section 7 of Hindu marriage act says – 

The Hindu marriage can be celebrated like a festive as per traditions and rituals of one’s caste and creed. The saath phears (seven rounds) are the main part of such marriages. Even the marriage in temple is valid. Then the question arises as to why these rituals and customs are seen for their legal validity in the book of law. Since India is a big country and there are many castes and creeds here, likewise these customs are accepted in the eyes of law too.

Therefore, Harish was wrong in saying that the marriage was invalid. Sumitra is not in any dilemma now, as she knows her marriage is valid. In our country, marriage is a religious custom and not only joining of two people legally. 

The law has given a diverse definition in case of witness or proof of marriage. If there are no other proofs left except photo of marriage or witness at time of marriage then also the marriage is considered valid. This important information can help many women from being misdirected.

Hindu Marriage Act - sec 3 and section 7, 

Advocate Vandna Shah, Family Court - High Court