COMMENTS
A marriage is not proved unless the essential ceremonies required for its solemnization are proved to have been performed: Kanwal ram v. Himachal Pradesh Administration A.I.R. 1966 S.C.614.
A valid marriage can be performed between a Sikh and a Hindu by anand karaj, or by saptapadi: Aswani Kumar v. asha Rani (1992) 1 Hindu L.R. 307 (P.&.H.)
Section 7-A
State Amendments-[Pondicherry]:- In its application to the Union territory of Pondicherry, after S.7, insert the following section, namely:-
“7-A. Special provision regarding suyamariythai and seethiruththa marriages.- (1) This section shall apply to any marriage between any two Hindus, whether called suyamariythai marriage or seethiruththa marriage or by any other name, solemnized in the presence of relatives, friends or other persons-
(a) by each party to the marriage declaring in any language (which is understood by the parties and by at least two persons in whose presence the marriage is solemnized), that each takes the other to be his wife or, as the case may be, her husband; or
(b) by each party to the marriage garlanding the other or putting a ring upon any finger of the other; or
(c) by the tying of the thali.
(2)(a) Notwithstanding anything contained in section 7, but subject to the other provisions of this Act, all marriages to which the section applies solemnized after the commencement of the Hindu Marriage (Pondicherry Amendment) Act, 1971, shall be good and valid in law.
(b) Notwithstanding anything contained in section 7 or in any text, rule or interpretation of Hindu Law or any custom or usage as part of that law in force immediately before the commencement of the Hindu Marriage (Pondicherry Amendment) Act, 1971, or in any other in force immediately before such commencement or in any judgement, decree or order of any Court, but subject to sub-section (3), all marriages to which this section applies solemnized at any time before such commencement shall be deemed to have been, with effect on and from the date of the solemnization of each such marriage respectively, good and valid in law.
(3) Nothing contained in this section shall be deemed to-
(a) render valid any marriage referred to in clause (b) of sub-section (2), if before the commencement of the Hindu Marriage (Pondicherry Amendment) act, 1971,-
(i) such marriage has been dissolved under any custom or law; or
(ii) the woman who was a party to such marriage has, whether during or after the life of the other party thereto, lawfully married another, or
(b) render valid a marriage between any two Hindus solemnized at any time before such commencement, if such marriage was valid at that time; or
(c) render valid a marriage between any two Hindus solemnized at any time before such commencement, if such marriage was valid at that time on any ground other than that it was not solemnized in accordance with the customary rites and ceremonies of either party thereto:
Provided that nothing contained in the sub-section shall render any person liable to any punishment whatsoever by reason of anything done or omitted to be done by him before such commencement.
(4) Any child of the parties to a marriage referred to in clause (b) of sub-section (2) born of such marriage shall be deemed to their legitimate child:
Provided that in case falling under sub-clause (i) or, sub-clause(ii) of clause (a) of sub-section (3), such child was begotten before the date of the dissolution of the marriage or, as the case may be, before the date of the second of the marriages referred to in the said sub-clause (ii)-Pondicherry Act 14 of 1971, S.2 (w.e.f.9-7-1971).
[Tamil Nadu]:- In its application to the State of Tamil Nadu, after S.7, insert the following section, namely:-
“7-A. Special provision regarding suyamariythai and seethiruththa marriages.- (1) This section shall apply to any marriage between any two Hindus, whether called suyamariythai marriage or seethiruththa marriage or by any other name, solemnized in the presence of relatives, friends or other persons-
(a) by each party to the marriage declaring in any language (which is understood by the parties and by at least two persons in whose presence the marriage is solemnized), that each takes the other to be his wife or, as the case may be, her husband; or
(b) by each party to the marriage garlanding the other or putting a ring upon any finger of the other; or
( c )by the tying of the thali.
(2)(a) Notwithstanding anything contained in section 7, but subject to the other provisions of this Act, all marriages to which the section applies solemnized after the commencement of the Hindu Marriage (Madras Amendment) Act, 1967, shall be good and valid in law.
(b) Notwithstanding anything contained in section 7 or in any text, rule or interpretation of Hindu Law or any custom or usage as part of that law in force immediately before the commencement of the Hindu Marriage (Madras Amendment) Act, 1967, or in any other in force immediately before such commencement or in any judgement, decree or order of any Court, but subject to sub-section (3), all marriages to which this section applies solemnized at any time before such commencement shall be deemed to have been, with effect on and from the date of the solemnization of each such marriage respectively, good and valid in law.
(3) Nothing contained in this section shall be deemed to-
(a) render valid any marriage referred to in clause (b) of sub-section (2), if before the commencement of the Hindu Marriage (Madras Amendment) act, 1967,-
(i) such marriage has been dissolved under any custom or law; or
(ii) the woman who was a party to such marriage has, whether during or after the life of the other party thereto, lawfully married another, or
(b) render valid a marriage between any two Hindus solemnized at any time before such commencement, if such marriage was valid at that time; or
(c) render valid a marriage between any two Hindus solemnized at any time before such commencement, if such marriage was valid at that time on any ground other than that it was not solemnized in accordance with the customary rites and ceremonies of either party thereto:
Provided that nothing contained in the sub-section shall render any person liable to any punishment whatsoever by reason of anything done or omitted to be done by him before such commencement.
(4) Any child of the parties to a marriage referred to in clause (b) of sub-section (2) born of such marriage shall be deemed to their legitimate child:
Provided that in case falling under sub-clause (i) or, sub-clause (ii) of clause (a) of sub-section (3), such child was begotten before the date of the dissolution of the marriage or, as the case may be, before the date of the second of the marriages referred to in the said sub-clause (ii)-Pondicherry Act 21 of 1967, S.2 (w.e.f.20-01-1968).
- Registration of Hindu marriages:- (1) For the purpose of facilitating the proof of Hindu marriages, the State Government may make rules providing that the parties to any such marriage may have the particulars relating to their marriage entered in such manner and subject to such conditions as may be prescribed in a Hindu Marriage Register kept for the purpose.
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6. see the Hindu Marriage (Mysore) Rules, 1966, the Hindu Marriage Registration (Tamil Nadu) Rules, 1967; the Madhya Pradesh Hindu Marriage (Registration) Rules, 1956; the Pondicherry Hindu Marriage (Registration) Rules, 1969 and the Hindu Marriage Registration (Sikkim) Rules, 1991.
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(2) Notwithstanding anything contained in sub-section (1), the State Government may, if it is of opinion that it is necessary or expedient so to do, provide that the entering of the particulars referred to in sub-section (1) shall be compulsory in the State or in any part thereof, whether in all cases or in such cases as may be specified, and where any such direction has been issued, any person contravening any rule made in this behalf shall be punishable with fine which may extend to twenty-five rupees.
(3) All rules made under this section shall be laid before the State Legislature, as soon as may be, after they are made.
(4) The Hindu Marriage Register shall at all reasonable times be open for inspection, and shall be admissible as evidence of the statements therein contained and certified extracts therefrom shall, on application, be given by the Registrar on payment of the prescribed fee.
(5) Notwithstanding anything contained in this section, the validity of any Hindu marriage shall in no way be affected by the omission to make the entry.
COMMENTS
Merely because a marriage between the parties has been registered under S.8, held, that does not ipso facto imply the existence of a complete and lawful marriage between the parties: Krishan Paul v. Ashok Kumar Pal 1982 Hindu L.R.478: (1981-1982) 86 Cal.W.N.1088.
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