Digest Hindu Marriage Act, 1955

*Digest Hindu Marriage Act, 1955*

*(Case Law covered from 1987 to 2019(1)* 

*Hindu Marriage Act, 1955, S.7(1) & (2)* - Valid marriage - Parties can choose their ceremonies for solemnization of the marriage - When performance of "Homa" and "Saptapadi" was not required to be followed by custom or usage to which defendant belongs then it is not necessary to insist performance of "Saptapadi" for a valid marriage.
2008(1) Civil Court Cases 52 (Bombay)

*Hindu Marriage Act, 1955, S.7(2)* - Saptapadi - Marriage is complete even without Sapthapadi when it is not part of the rites of the solemnisation of the marriage.
1989 Civil Court Cases 566 (Kant.)

*Hindu Marriage Act, 1955, Ss.7, 7-A* - Marriage - Performance of marriage by Advocate in his office premises - Developing a new field of practice, by Advocates, namely "Solemnisation and Registration of Marriages" - Marriages performed in secrecy in office of Advocates and Bar Association Rooms, does not amount to solemnization of marriage within meaning of Ss.7 & 7-A of Act and the certificate of solemnization issued by Advocates will not be per se proof of solemnization of marriage in a matrimonial dispute - However, only women who are victims of such marriage can question the same in matrimonial proceedings before appropriate Court as a question of fact.
2015(3) Civil Court Cases 213 (Madras) (DB)

*Hindu Marriage Act, 1955, Ss.7, 7-A, 8* - Marriage - Proof - Registration certificate - Not substantial proof of Hindu Marriage if one party repudiates the same - Effect of marriage certificate is only to extent that parties have made statements before public authority - It does not prove that marriage was solemnised as per S.7 or S.7-A of the Act.
2012(2) Civil Court Cases 639 (Madras) (DB)

*Hindu Marriage Act, 1955, Ss.7, 8* - Marriage registration certificate - Not the sole proof of marriage in order to become a valid marriage - Registration is valid only when it is found that there is valid marriage - Where the factum of marriage is disputed, essential ceremonies constituting the marriage must be pleaded and proved - Evidence regarding the performance of marriage according to Hindu rites must be brought on record to show that there is valid marriage - In the instant case, in absence of such proof of essential ceremonies marriage declared to be nullity.
1991 Civil Court Cases 651 (Calcutta)

*Hindu Marriage Act, 1955, Ss.7, 9* - Validity of marriage - A valid marriage can take place only on performance of the ceremonies, that are prevalent in the particular community, to which the parties belong.
2013(4) Civil Court Cases 496 (A.P.) (DB)