Marriage Solemnization Requirements

Source: High Court of Delhi 

Why in News? 

The Delhi High Court, through a Division Bench comprising Justices Harish Vaidyanathan Shankar and Anil Kshetarpal, in the case of Vivek Nagrath v. Divya Goglani (2025) delivered a significant judgment addressing matrimonial relief and the statutory framework governing Hindu marriages.  

• The court dismissed an appeal by both spouses seeking to invalidate their marriage on the grounds that it had not been solemnized in accordance with Section 7 of the Hindu Marriage Act, 1955 (HMA).  

What was the Background of Vivek Nagrath v. Divya Goglani (2025) Case? 

Factual Summary: 

• The parties, Vivek Nagrath (the husband) and Divya Goglani (the wife), had mutually decided to marry and perform a marriage ceremony at Arya Samaj Mandir on 30.01.2024. 
• A marriage certificate was issued by Arya Samaj Mandir Vivah Bandhan Trust (Registered) on 30.01.2024. 
• The couple proceeded to register their marriage with the District Magistrate, Shahdara, New Delhi on 02.02.2024, submitting affidavits confirming that the marriage had been solemnized according to Hindu rites and ceremonies. 
• The parties had initially intended to perform an elaborate wedding ceremony scheduled for 20.04.2024 with full traditional rituals and customs. 
• Before the scheduled elaborate ceremony, serious differences arose between the parties, leading them to mutually decide on 07.02.2024 to discontinue wedding preparations. 
• Citing the non-performance of Saptapadi (the seven steps ceremony mandated under Hindu tradition), both parties filed a joint petition under Section 7 of the Hindu Marriage Act on 25.07.2024 before the Family Court, Saket, seeking a declaration that their marriage was null and void. 

Lower Court's Decision: 

• The Family Court, by judgment dated 04.10.2024, dismissed the joint petition, holding that the parties could not challenge the validity of a marriage they had themselves voluntarily registered and certified as valid. 
• The court applied the doctrine of estoppel, noting that both parties had submitted sworn affidavits before the competent authority confirming the marriage had been solemnized according to Hindu rites and ceremonies. 

Reason for Appeal: 

• The parties appealed the Family Court's dismissal to the Delhi High Court, contending that the absence of Saptapadi rendered the marriage invalid ab initio (from the beginning) under Section 7 of the Hindu Marriage Act.

What were the Court's Observations?

On the Statutory Scheme of the Hindu Marriage Act: 

• The court observed that the Hindu Marriage Act contains no provision enabling parties to seek a declaration that a marriage is invalid ab initio on the ground that it was never solemnized in accordance with Section 7.  
• All provisions in the Act dealing with declarations of void, voidable, or dissolved marriages (Sections 11, 12, 13, 13A, and 13B) are applicable only to marriages that have been solemnized. The petition was therefore not maintainable under the statutory framework. 

On the Scope of Section 11 (Decree of Nullity): 

• Section 11 of the Hindu Marriage Act empowers courts to grant a decree of nullity only where a marriage, though duly solemnized, violates the essential conditions prescribed under specific clauses of Section 5 (relating to subsisting spouses, prohibited degrees of relationship, or sapinda relationships).  
• The relief sought—invalidation on grounds of non-solemnization—does not fall within the ambit of Section 11, as that provision presupposes a solemnized marriage. 

On the Doctrine of Estoppel: 

• The law of Estoppel would also be relevant in the present context which is a legal principle that prevents a person from denying or asserting something that is contrary to what they have previously stated or agreed to, when such statement or agreement has been relied upon by another party 

Solemnization as Prerequisite: 

• All remedies under the Hindu Marriage Act—whether relating to void marriages, voidable marriages, divorce, or judicial separation—presuppose the existence of a solemnized marriage. There is no statutory remedy for declaring a marriage void on the sole ground that solemnization requirements were not met. 

Strict Construction of Matrimonial Remedies: 

• The Hindu Marriage Act must be construed strictly, with matrimonial reliefs available only on grounds expressly specified in the statute. Courts cannot create new grounds or remedies not contemplated by the legislation. 

Final Decision: 

• The court dismissed the appeal in its entirety, finding it devoid of merit. It observed that both the petition before the Family Court and the appeal before the High Court were "the product of sheer ingenuity, a complete misadventure, and a misguided attempt to turn the settled law on its head."

What is Section 7 of HMA?  

• The marriage renders to be valid if it is performed between a Hindu couple according to the customary ceremony and rituals of each party or any one of them as mentioned by Section 7 of HMA.  

Section 7 - Ceremonies for a Hindu marriage —  

(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 Saptapadi (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. 

• Customary Ceremony and Rituals means that the marriage may be solemnised as per the customs of the community. For instance, a community may provide for a mere exchange of garlands, while another may require a more elaborate yajna ritual. The Act takes into account these differences