Getting married in front
of an idol in a temple, take saath
pheras (Saptapadi-round around the sacred fire)
in a temple in front of an idol in a temple, constitutes for legal matrimony?
A physical relationship
coupled with wearing “sindoor”
(vermillion ) and “mangalsutra” does not
constitute for a valid marriage
Dated: 31-01-2017: "Unless the marriage
is celebrated or performed with proper ceremonies and in due form, it cannot be
said to be solemnized," the bench led by justice BP Dharmadhikari observed………………….
While hearing a petition
involving a 40-year-old businessman and a 38-year-old woman, who said she was
“married” in front of Krishna idol and he applied “sindur” to her forehead and
tied a “mangalsutra” around her neck.
The bench stressed upon the
importance of proper ceremonies and “due form” for a legal union between man
and woman…………and said that:
The marriage couldn’t be
valid under the 1955 Hindu Marriage Act as neither the community of the man nor
the woman – Marwari and Brahmin respectively – recognized the union.
The court ruled that as per
the 1955 Hindu Marriage Act, since neither of their communities
thought the marriage to be valid, it couldn’t be considered
otherwise.
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