· S. Nagalingam vs Sivagami 2001 SC
· Smt. Priya Bala Ghosh v. Suresh Chandra Ghosh 1979 SC
· Lingari Obulamma v. L. Venkata Reddy and Ors 1991 SC
· Deb Berma v. Kanchan Prava Devi 1994 SC
Solemnization in a Hindu Marriage is one of the most essential requirements for it to be marriage in the first place, otherwise it shall be a case of no marriage at all. Performance of any essential ceremony of marriage of either of the parties, shall constitute solemnization. Section 7 of Hindu Marriage Act 1955 entails ‘Saptapadi’ as an example of solemnization. However, it is important to note that ‘Saptapadi’ is not the only way of solmnization, Sec 7-A (State Amendment) of HMA entails solemnization by another way that is‘tying of a thali’. However, the same has evolved in the case of S. Nagalingam vs Sivagami.
The question in this case was as to whether ‘Saptapadi’, is an essential ritual to be performed or not, for it to be a valid marriage? Hon’ble Court cited [1971] 1 SCC 864 Smt. Priya Bala Ghosh Vs. Suresh Chandra Ghosh [1979] 3 SCC 80 Lingari Obulamma Vs L. Venkata Reddy and Ors In [1991] Supp 2 SCC 616; Santi Deb Berma Vs. Kanchan Prava Devi also ,[1994] 5 SCC 545; Laxmi Devi Vs. Satya Narayan and Ors., wherein it was held by the Hon’ble Court that there was no proof that ‘Saptapadi’ was performed and therefore, there was no valid second marriage and that no offence of bigamy was committed, court further clarified that ‘Saptapadi ‘and ‘Datta Homa’ are essential ceremonies and without these two ceremonies being performed, there would not be a valid marriage.
However, negating with this view the Hon’ble court in the case of S. Nagalingam vs Sivagami held that ‘Saptapadi’ is an essential ceremony for a valid marriage only in cases where it was admitted by the parties that as per the form of marriage applicable to them this is an essential ceremony. The appellant in the instant case had no such ritual that ‘Saptapadi’ was an essential ceremony for a valid marriage as per the personal law applicable whereas the provision contained in Section 7-A of Hindu Marriage Act 1955 are applicable to the parties.
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