HC: Sindoor and mangalsutra alone cannot validate a marriage
"Unless the marriage is celebrated or performed with proper ceremonies and in due form, it cannot be said to be solemnised," the bench observed
Remember those 70s movies where the main protaginist would run away with the heroine and the two would take saath pheras in a temple and "be married." Well, technically all of those characters are still single.
Yes, that's correct.
If you thought getting married in front of an idol in a temple constitutes for legal matrimony, then then Bombay High Court has some new for you. In their latest ruling in a case the court reportedly stated that "a physical relationship coupled with wearing sindoor and mangalsutra does not constitute for a valid marriage."
"Unless the marriage is celebrated or performed with proper ceremonies and in due form, it cannot be said to be solemnised,” reportedly stated the bench which was led by justice BP Dharmadhikari.
Why did the court rule this way?
The court was hearing a case about a 40-year-old businessman who "married" a 38-year-old woman in front of a Krishna idol because she wanted marital rights in their relationship.
He shared that the couple were in a physical relationship since the past 1.5 years and he also put sindoor and gave her a mangalsutra during the "ceremony."
However, the court ruled that as per the 1955 Hindu Marriage Act, since neither of their communities thought the marriage to be valid, it couldn't be considered otherwise.
This verdict comes after the 2015 verdict in the woman's favour and giving her marital rights. The said lady is already a mother to two kids from her previous marriage and was staying at her husband's home "for the sake of the children."
More twists in the story
The court also noted that the couple had no witnesses of their 'wedding' and neither of the families recognised theirs as a legitimate live-in relationship since they were not living-in under the same roof.
The woman in question approached the court to restore her marital rights when the 40-year-old's family went ahead to fix his marriage with another woman.
Surprisingly, the woman also leveled a rape charge against the same 40-year-old with whom she wanted her marital rights restored. She allegedly claimed that he sexually exploited her, but later took back her complaint when she was paid Rs 2 lakh by him.
While the case was a unfortunate series of events for this couple who claimed to be living-in together, such an arrangement has worked for many in the past. In fact, a few famous faces include Soha Ali Khan and husband Kunal Kemmu.
How living-in worked for a few famous faces
In an interview Kunal mentioned, “Live-in relationship helped me to know and understand my partner better, which eventually helped my marriage with Soha. But having said that…you have to figure out your way. There is no one proper recipe. Everybody has ups and downs, and everybody should figure their way out.”
During the same interaction, Soha also had some golden nuggets to share. “I would tell young girls don’t feel pressured to get married just because you think you are of a certain age or parents wants you to get married. Who you choose to lead your life with is a very important decision,” she said.
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