Why in News? In a recent ruling, the Supreme Court observed that a Hindu marriage is a ‘samskara’ or sacrament and must be performed with ceremonies in the proper form to be recognised under the Hindu Marriage Act 1955 (HMA).

What was the Dispute before the SC? A couple approached the SC with a plea to exercise its plenary powers under Article 142 of the Constitution to declare their marriage void on the grounds that no customs or rites (prescribed under the HMA) were performed during their marriage. Article 142 empowers the apex Court to do “complete justice” between the parties at times where the law or statute may not provide a remedy.

What the SC Ruled in the Dolly Rani v. Manish Kumar Chanchal (2024) Case? It underscored that the registration of a Hindu marriage only facilitates proof of the marriage. But it does not provide legitimacy unless rites and ceremonies envisaged under Section 7 of the HMA such as the saptapadi (the rite where a couple walks around a fire seven times) are complied with.

What are the Marriage Laws in India? Marriages in India are largely governed by distinct personal laws. For instance, the marriages of Hindus, Christians and Parsis are regulated by the HMA, the Indian Christian Marriage Act 1872, and the Parsi Marriage and Divorce Act 1936, respectively. Muslims on the other hand are governed by uncodified personal laws as well as the Muslim Personal Law (Shariat) Application Act 1937. In 1954, the Special Marriage Act (SMA) was enacted to enable couples in interfaith and inter-caste relationships to seek refuge and marry.

How are Divorce, Inheritance and Adoption Governed? These are governed by a host of other legislations such as the Hindu Succession Act 1956, the Indian Succession Act 1925 and the Hindu Adoptions and Maintenance Act 1956.