Section 7 of the Hindu Marriage Act, of 1955
Section 7 of the Hindu Marriage Act, of 1955, deals with the essential conditions for a Hindu marriage to be legally valid.
- The section specifies that a Hindu marriage is solemnized between two Hindus when they perform the following rites and ceremonies:
- The bridegroom takes the seven steps with the bride, which is known as Saptapadi.
- The marriage is completed when the seventh step is taken.
In addition, the section provides that the following conditions must be fulfilled for the marriage to be considered valid:
Both parties should be Hindus. If one party is not a Hindu, the marriage will not be considered valid.
Both parties should be of sound mind and capable of giving valid consent for the marriage. If either party is of unsound mind or incapable of giving consent, the marriage will be considered void.
Neither party should have a living spouse at the time of the marriage. If either party has a living spouse, the marriage will be considered void.
The parties should not be within the prohibited degrees of relationship. If the parties are closely related, the marriage will be considered void.
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case law
S. V. Gopalakrishnan v. S. Muthulakshmi
The Madras High Court held that if the essential conditions under Section 7 of the Hindu Marriage Act are not satisfied, the marriage would be invalid. In this case, the court ruled that if the ceremony of Saptapadi was not performed, the marriage would be considered invalid even if other ceremonies were performed.
In conclusion, Section 7 of the Hindu Marriage Act lays down the essential conditions for a Hindu marriage to be considered legally valid. Both parties should be Hindus, of sound mind, and capable of giving valid consent for the marriage. They should not have a living spouse at the time of the marriage, and should not be closely related. The performance of the Saptapadi is essential for the marriage to be valid, and if any of these conditions are not met, the marriage will be considered void.
According to this section, a Hindu marriage is considered valid when both the bride and the groom perform the necessary rites and ceremonies. The marriage is solemnized when the bride and the groom take the seven steps together known as Saptapadi, and the marriage is considered completed when the seventh step is taken.
It is important to note that if any of these conditions are not met, the marriage will be considered void or invalid. For instance, if either party is not a Hindu or is of unsound mind, the marriage will not be considered legally valid. Similarly, if either party has a living spouse, the marriage will be considered void.
In summary, Section 7 of the Hindu Marriage Act sets out the essential conditions for a Hindu marriage to be legally valid. These conditions include both parties being Hindus, of sound mind, and capable of giving valid consent, and the performance of the Saptapadi ceremony. Failure to meet any of these conditions would render the marriage void or invalid.