A. ASUVATHAMAN Vs. UNION OF INDIA AND ORS.
LAWS(MAD)-2015-10-169
HIGH COURT OF MADRAS
Decided on October 30,2015

A. Asuvathaman Appellant
VERSUS
Union of India And Ors. Respondents




JUDGEMENT

- (1.)The petitioner, an advocate by profession, a married one, seeks to assail the provision of Section 7-A of the Hindu Marriage Act, 1955 as amended by the Hindu Marriage (Madras Amendment) Act, 1967.
(2.)The plea of the petitioner is that it is after a great debate and discussion, the Hindu Marriage Act, 1955 was enacted, setting out the essentials of a Hindu marriage. In that context, the petitioner has referred to the provision of Section 7, which reads as under:
"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."

(3.)It is accepted by the petitioner that in terms of the provision of the aforesaid Section, a Hindu marriage may be solemnized in accordance with the customary rites and ceremonies as per sub-section (1) of Section 7. Sub-section (2) of Section 7 only stipulates where saptapadi is included in such rights and ceremonies, how the process of saptapadi is completed.


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