Ceremony of marriage is essential
In the case of runaway marriage, the couple has one doubt in their mind about the validity of marriage. The couple knows this fact that in their marriage no family member would be present. In this situation, how they convince their parents about solemnization of marriage? And second doubt come in their mind that can parents break their marriage through applying divorce in the court if they are not accepted their marriage.
Performance of Marriage under Hindu Marriage Act-
According to Hindu Marriage Act
(1) A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.
(2) Where such rites and ceremonies include the saptpadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken.”
Hindu marriage Act clearly say that when the couple perfom the marriage as per customary rites including the saptpadi before the sacred fire then marriage is binding upon like bride and bridegroom and relative of the both sides.
Proof of marriage –
Sometimes it’s happened that the parents of the girl, who were earlier against the marriage, suddenly agree with marriage due to some reason and put the proposal before the boy and his family that send the girl with them and they will send the girl after sometimes.
But sometimes situation will change and parents of the girl put the pressure on the girl for back out the marriage and under pressure girl have to denied from the marriage.in this situation, proof of marriage play very important role for the couple and on the basis of these proofs husband/boy can approach the police and also file the Habeas corpus petition before the Hon’ble High Court.
Requirement for establishment for a valid marriage –
A couple need not show any document to any person for proofing their marriage except in special circumstances. A couple knows very well how they perform their marriage and regarding their marriage they have sufficient document like marriage photographs and certificate of institution and record book of institution where they perform the marriage. Moreover they can register their marriage but if any dispute is arises regarding the marriage and performance of marriage, then first they have to establish that how and where they performed the marriage and who solemnized the marriage. In a judgment Hon’ble High court said that mere marriage certificate is not required for establishment of valid marriage under Hindu marriage Act. In 2016(1) L.A.R. 558 Harjinder Singh v. Sunita Heer wherein the husband, while opposing a petition for divorce was relying upon Marriage Registration Certificate, this Court held that in the absence of any proof that the certificate had been issued upon production of any photographs or other proof of any marriage and on account of omission to examine any official from office of Registrar of Marriages as a witness and to produce Marriage Certificate Register, the certificate could not be held to be admissible in evidence. In another Judgment “Jaipal vs Surbhi” Punjab and Haryana high Court passed the order that The Husband to be successful in establishing the factum of solemnization of marriage with wife was required to show that the essential ceremonies of marriage of two Hindus including Saptapadi ceremony has been duly performed. There being lack of evidence on this material aspect, this Court does not find any reason to interfere the findings of the lower Court to the effect that there had been no valid marriage between the parties. Consequently the said findings are hereby affirmed. There being no merit in the appeal, the same is hereby dismissed.
Marriage Registration Certificate of no consequence when couple has been unable to establish essential ceremonies of marriage – When factum of marriage is disputed – Registration of marriage under Hindu Marriage Act or Special Marriage Act cannot constitute proof of valid marriage.