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- Gujarat High Court: Rituals Vital For Hindu Marriage, Registration Alone Insufficient
Ahmedabad28 minutes ago
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Gujarat High Court gave its verdict in fake marriage case.
Gujarat High Court said that mere preparation of marriage certificate cannot be considered a Hindu marriage. Marriage will be considered solemnized only when the rituals prescribed under the Hindu Marriage Act are fulfilled. In communities where there is a tradition of seven rounds, the marriage will not be considered complete without them.
Justice Ilesh J. Vora and Justice R.T. Vachani’s division bench said that the marriage certificate is only a record of an already existing marriage. It does not automatically recognize any marriage.
The case is related to the appeal of a person living in Britain. His allegation is that a woman from Ahmedabad obtained his signature on the documents on the pretext of getting him a job and prepared a fake marriage certificate. There was never any marriage between the two.
The woman also admitted that the marriage rituals did not take place
During the hearing, the woman admitted in the family court that no marriage ceremony had taken place. He also admitted that both of them never lived together like husband and wife.
Despite this, the Family Court had rejected the man’s application only on the basis of marriage certificate. Canceling this order, the High Court said that when the necessary rituals of marriage were not performed, then it cannot be considered a Hindu marriage on the basis of registration alone.
The family court had rejected the man’s application.
Court said- marriage is not just a legal formality
- Citing Section 7 of the Hindu Marriage Act, the High Court said that a Hindu marriage will be considered only when the necessary rituals have been completed as per the law and tradition of the concerned community.
- The court said that in Hindu tradition, marriage is not just a legal formality but a sacrament. It is also the basis for starting a new family with two people. Therefore, one should enter into this relationship only after understanding the importance of marriage and its responsibilities.
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