Thursday, May 18, 2023

A physical relationship coupled with wearing “sindoor” (vermillion ) and “mangalsutra” does not constitute for a valid marriage

 

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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