DR.

RAM MANOHAR LOHIYA NATIONAL

LAW UNIVERSITY

Family Law - I

Ceremonies of Marriage Under Hindu & Muslim Law

Submitted to :- Submitted by :-

Mrs. Samreen Hussain Chaitanya

Assistant Professor IIIrd Semester

(Department of Law) 170101047

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Research Question

Following are the research heads that will be covered in this draft -

• Valid marriage under Hindu

A brief discussion about what constitute a valid marriage under Hindu Law

• Ceremonies of Marriage under Hindu law

What are the ceremonies required to perform and which ceremony is essential in Hindu Marriage.

• Essential of valid marriage under muslim

• What are the ceremonies performed under Muslim

Methodology

This project is a work of doctrinal method of research and confined to critical analysis and synthesis
of existing issues, laws and judgement

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 HINDU VALID MARRIAGE
The Hindu Marriage Act, 1955 has secularized the Hindu law of marriage in all respects except one1
and has abrogated custom except in a few matters2 It is in regard to ceremonial validity of a Hindu
marriage that the religious, sacramental or non-secular character of Hindu marriages is retained.
One of the matters in respect of which custom is retained is also the ceremonial validity of Hindu
marriages. This means that a Hindu marriage (and no marriage is valid unless it is solemnized with
proper ceremonies and rites)3 must either be performed with the shastric ceremonies and rites or in
accordance with the customary rites and ceremonies. It should be clearly understood that customary
ceremonies and rites can be performed only between the parties among whom (i.e. either on the side
of the bride or the bridegroom) customary rites and ceremonies were recognized before the coming
into force of the Hindu Marriage Act, 1955. No new rites and ceremonies of marriage can come into
existence.4 When customary ceremonies and rites are not available to parties, then marriage must be
performed by the shastric ceremonies and rites. A Hindu marriage cannot be performed by any other
method, though Hindus are free to perform a civil marriage5 , with all its consequences. Thus, for the
ceremonial validity of a marriage, three alternatives are available to the Hindus :

I. Shastric ceremonies and rites : these rites and ceremonies must be those that are laid down in
the shastric Hindu law,

II. Customary ceremonies and rites : these rites and ceremonies may be religious, secular,
elaborate, brief or nominal, and

III. Civil ceremonies, as laid down in the Special Marriage Act 1954.

1Some still show a lingering attachment to the notion that Hindu law is still a religious law. The fallacy lies in the belief
that all personal laws in India are religious laws. The fact of the matter is that modern Hindu law, particularly the
codified Hindu law, is not a religious law at all. Modern Hindu law, both codified and uncodified, undoubtedly applies
to the persons who are Hindus, Jains, Sikhs and Buddhists by religion. It is equally true that Hindu law applies to all
those persons who are not Muslims, Jews, Christians or Parsis, irrespective of the fact whether they are or are not
Hindus, Jains, etc. To both the categories of these persons Hindu law applies irrespective of the fact that they are
atheists or totally anti-Hindusim
2Under the Hindu Marriage Act 1955 the following matters are still governed by custom : prohibition for marriage
either on the ground of consanguinity or affinity, ceremonies of marriage and customary mode and forum of divorce.
3Bhaurao Shankar v. State of Maharashtra, AIR 1965 SC 1584; Ranwalram v. H.P., AIR 1965 SC 614
4Ralathi v. Selliah, (1966) 2 MLJ 40.
5Under the Special Marriage Act 1954.
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Under Hindu Marriage Act, 1955 certain conditions6 are to be fulfilled for a marriage to be valid. It
says, “A marriage may be solemnized between any two Hindus, if the following conditions are
fulfilled, namely:-
• Neither party has spouse living at the time of marriage which means Hindu law propounds for
monogamy.
• At the time of marriage, neither party should be unsound mind due to which they cannot give
valid consent, or are suffering from mental disorder due to which they are unfit for marriage or
procreation of children or is subject to recurrent attacks of insanity or epilepsy.

• The bridegroom must have completed the age of 21 years and the bride must be of 18 years of
age at the time of marriage.7
• The parties should not within the degrees of prohibited relationship, unless otherwise the custom
or usage governing them permits such marriage.

• The parties should not be sapindas (one is lineal ascendant or descendant of the other), unless the
custom or usage permits such marriage.

CEREMONIES OF MARRIAGE
1. Shastric Ceremonies and Rites
The ceremonies and rites for Hindu marriages are not laid down in the Dharmashastras. These are
laid down in the Grihya sutras. The Grihya-sutras prescribe very elaborate rites and ceremonies for
marriage Usually, there are steps which are followed such as varaasathkarah, madhuparkha, kanya
dan, vivah homa, panigraha, lajahoma, mangal phera, saptapadi and vidhahi. All these need not
performed or only few can be performed yet it is a valid marriage.

The saptpadi is the most material of all the nuptial rites, as marriage becomes complete and
irrevocable on the completion of the seventh step. According to Manu : "The nuptial texts are a
certain rule in regard to wed-lock ; and the bridal contract is known by the learned to be complete

6Section 5 of Hindu Marriage Act, 1955.

7M. Vijayakumari v. K. Devabalan, AIR 2003 Ker 363. AIR 1986 Pat 128. In this case it was held a marriage between
minors, if necessary ceremonies have been performed then though the condition of age is not fulfilled it is a valid
marriage. The reason is that Section 11 of the Hindu Marriage Act speaks about void marriage whether section 5 (iii) i.e.
of age is not a void marriage.

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and irrevocable on the seventh step of the married pair, hand in hand, after those texts have been
pronounced.”

- Of the above ceremonies which are absolutely essential for the valid solemnization of a
Hindu marriage under the modern Hindu law?

• The answer to the above question is not simple. The judicial pronouncements do not clearly lay
down which of the ceremonies are essential for the valid performance of a Hindu marriage.

However, there need not be any doubt about one ceremony, viz., the saptpadi which is absolutely

indispensable for the performance of a Hindu marriage by the shastric rites.8

• Sub-section (2) of Section 7, Hindu Marriage Act lays down : "Where such rites and ceremonies
include the saptpadi . . . the marriage becomes complete and binding when the seventh step is

taken".

• The Madras High Court, after examining all the relevant texts, came to the conclusion that in
reality for the ceremonial validity of a Hindu marriage only two ceremonies are essential, one

consist of secular element, i.e. gift of the girl ( this include sampradana and kanyadana); and the

second consists of religious element, i.e. the performance of panigrahana and saptpadi.9

• The Bombay High Court said that for the validity of a Hindu marriage the two essential
ceremonies are, lajahoma and the saptpadi.10

• In Rampiayar v. Deva Roma11 , the court said that though vivaha homa is a usual ceremony of a
Hindu marriage, but its non-performance does not render the marriage void, if the saptpadi has

been performed. It also seems to be settled that in the Gandharva form of marriage which is

available to all Hindus and which is a marriage with the mutual consent of the bride and
bridegroom, the ceremony of kanyadana is not necessary. Although all the shastric rites that are

performed among the twice born Hindus are also performed by sudras, the performance of

8Brindaban v. Chandra, 12 Cal 140 ; Bulli Appana v. Subamal, 1938 Rang 111 ; Devani v. Chindavaram, AIR 1954 Mad
65 ; Kanta Devi v. Sri Ram, AIR 1963 Punj 235 ; Venkata v. Tangutaru, AIR 1968 AP107
9Deviani v. Chindaravam, AIR 1954 Mad 65.
10Appibai v. Khimji, AIR 1936 Bom 138.
11AIR 1923 Rang 202.
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 the vivaha-homa is not essential among them.12 It also seems to be established that the presence of
a priest to officiate at the nuptial rites is not necessary.

2. Customary ceremonies and Rites

It is interesting to note that the Grihya-sutras, while prescribing all the elaborate ceremonies and
rites, also lay down that a marriage may be solemnized in accordance with "the customs of the
different countries and villages."It has been the settled law even before the coming into force of the
Hindu Marriage Act that if a community does not recognize any of the shastric ceremonies and rites
of the marriage, their omission will not render a marriage invalid provided the ceremonies and rites
prescribed by the community are performed.13 Numerous customary ceremonies and rites have been
recognized by the courts. The only change that the Hindu Marriage Act makes in this regard is that
if a marriage is solemnized by the customary rites and ceremonies recognized on the side of one of
the parties to the marriage (it may not be recognized on the other side), then the marriage will be
valid.For the performance of customary ceremonies and rites it is essential to establish that the caste
or community has been continuously following such rites and ceremonies from ancient times and
the caste or community regards performance of such ceremonies as obligatory, provided such
customary ceremony and rites are not against morality, law and public policy

No one, not even a community, organization or movement, is free to alter, vary or create a
ceremony at one's pleasure. When the Arya Samaj movement simplified the ceremonies and rites
for the solemnization of marriages among the Arya Samajists, an Act had to be passed to set at rest
all doubts relating to validity of such marriages. Even for the validity of marriages among the Sikhs
by ananda karaj a statute had to be passed.The question of innovation of new ceremonies and rites
came before the Madras High Court in an interesting manner.14In Tamilnadu there exists an
organization, now for at least half a century, known as Anti-Purohit Association or Self-Respectors'
Cult. This is an inter-caste organization, the main objective of which is to do away with the
traditional rites and ceremonies prevalent among the Hindus. It has also innovated some very
simple rites and ceremonies of marriages. Such marriages are known by the name
of suyamariyathai or seerthiththamarriages. When such a marriage is to be performed then the

12Authikeshavalu v. Ramanujan, (1909) 32 Mad 512 ; Kameshwara v. Veeracharlu, (1911) 34 Mad 422.
13Authikesavalu v. Ramanujan, (1909) 32 Mad 512 ; Muthusami v. Masilmni, (1910) 33 Mad 342.
14Deivayani v. Chidambara, AIR 1954 Mad 657 ; Rajathi v. Selliah, (1966) 2 MLJ 40.
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relatives and friends of the bride and bridegroom and the notable persons of the locality are invited,
and among the invitees some one is requested to preside over the function. The bride and the
bridegroom are introduced to the guests, and in their presence the simple ceremony of exchanging
garlands and rings between the bride and the bridegroom is performed. Two other alternative
ceremonies may also be performed : (a) a simple ceremony of tying the thali, or (b) the bride and
bridegroom may declare in any language understood by them that each takes the other to be his wife
or, as the case may be, her husband. When the validity of one such marriage was questioned before
the Madras High Court, Satyanarayana Rao, J., said that it may be very laudable object to simplify
the procedure applicable to marriages as laid down in the shastrasand custom, but it will be a
dangerous doctrine to lay down that a community should have liberty to prescribe the requisites of a
valid marriage without any statutory authority. No one can alter personal law. The marriage was
held void. This decision led to statutory recognition of such ceremonies and rites. The result of this
statutory modification is that a mere execution of a document by the spouses that they have become
husband and wife will amount to a declaration in the presence of friends and other persons,15 and
will confer the status of husband and wife on the parties.

Just as no one is free to innovate ceremonies, similarly no one is free to perform any ceremonies of
marriage, even though the intention to be man and wife may be there. This question has come
before our courts in bigamy cases.16 Prosecution for bigamy cannot stand unless the solemnization
of the second marriage by the requisite rites and ceremonies is established. The question came
before the Allahabad High Court in a very interesting manner.17 One Dr. N. A. Mukerji performed
three different ceremonies of marriage at three different times with one Smt. Harbans Kaur (who
was a married woman and whose husband was living). The first ceremony was performed in a
moonlit night in the open where Dr. Mukerji after reciting a few Sanskrit verses embraced Smt.
Harbans Kaur and exclaimed, "Moon you are my witness. I am marrying Harbans and she is my
wife and I am her husband". The second ceremony was performed eight years later in a Kali temple
where the parties exchanged garlands in front of the deity and walked seven steps together. The
third ceremony was performed a day later before Guru Granth Sahib : an imitation of ananda karaj.
The court held that the performance of such mock ceremonies of marriage does not constitute a
valid solemnization of marriage.

15Raghubir v. Shammugvadiyar, 1971 Mad 330.

16Bhau Rao v. State of Maharashtra, AIR 1965 SC 1564 ; Kanwal Ram v. State of Himachal Pradesh, AIR 1966 SC 614.
17Dr. A. N. Mukerji v. State, AIR 1969 All 489.
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Not merely the ceremony and rite should not be a mockery, but it is also necessary that the requisite
ceremony prevalent and recognized either on the side of the bride or on the side of the bridegroom
should be performed. Thus, if a Buddhist and a Jain solemnize their marriage by ananda
karaj (which is a valid Sikh ceremony), then marriage will not be valid, since ananda karaj is neither
recognized on the side of the bride nor on the side of the bridegroom. But if a Sikh and a Jain
solemnize their marriage by ananda karaj, the marriage will be valid.

Thus, neither the innovation of ceremonies is allowed nor can a marriage be performed by any sort
of ceremonies. In either case, the marriage will be void.

3. Civil Ceremonies
If two Hindus want to perform a marriage under Hindu law, then it has to be either according to
the shastric ceremonies or the customary ceremonies. If two Hindus want to perform their marriage
by a civil ceremony they can do so under the Special Marriage Act, 1954, but then it will not be a
Hindu marriage. It will be a marriage which will be governed not by Hindu law but the Special
Marriage Act, 1954. Further, if a Hindu wants to perform a marriage with a non-Hindu without
converting to the religion of the non-Hindu, then he has no option but to perform his marriage in the
civil form. The Special Marriage Act, 1954 is an enabling statute : if two persons any two persons
want to solemnize their marriage under the Act, they may do so. But, the fact of the matter is that in
the aforesaid two situations a Hindu has no option (unless he wants to remain a celibate) but to
perform his or her marriage under the Special Marriage Act. In fact, any inter-religious or inter-
communal (i. e. when both persons are not Hindus, Muslims, Christians, Parsi or Jews) marriage
has to be performed under the Act.

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 MUSLIM VALID MARRIAGE

1. Competenance of the Parties:

The parties are competent if they are :

• Of the age of puberty:

Puberty means the age at which, a person becomes capable of performing sexual intercourse and
procreating children. Puberty and majority are one and the same in the Muslim law. Majority,
according to Muslim law, is attained on puberty or on reaching the age of 15. Under the Sunni law,
a male attains puberty at the age of 12 years and the female at the age of 9 years; but in the absence
of any evidence to the contrary, a person of either sex is presumed to have attained puberty at the
age of 15 years. According to the Shia law, the age of puberty for male is 15 years and for a female,
9 years.
But it was laid down in Abdul khadir v K. Pechiammal18 Prohibition of child marriage act,2006 is
applicable to muslim also. Any child marriage solemnized under muslim law is voidable.

• Soundness of Mind:
At the time of marriage, both the parties must be of sound mind. Persons of unsound mind have no
capacity to enter into the contract of marriage because there own consent for the marriage is no
consent in the eyes of law.

2. Free consent:
In Muslim marriage, consent is an essential element. Two persons are said to consent when they
agree upon the same thing in the same sense. Where the parties to the marriage are possessing
sound mind and adult, it is their own consent which is required. But if any one of them is minor or
an insane, then the consent on his or her behalf must be given by the guardian. For a valid marriage,
a consent some how obtained, is not sufficient. The consent of the parties or of their guardians must
be a free consent. If the consent has not been given voluntarily and is not free, it is no consent at all.
A consent given under compulsion, fraud or mistake of fact is said to be not a free consent. In Abdul

18 2015 Mad HC
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Kadir v Salima19 Privy Council held that ceremony under Muslim is a civil contract hence if there is
no free consent Marriage will be void.

• Fraud:
In a marriage, a fraud is said to be committed where there has been a dishonest concealment of
certain relevant facts or a false statement in obtaining the consent for a marriage. If the consent has
been obtained by fraud, the marriage is voidable at the option of the party defrauded. It means,
when such a defrauded person comes to know that fraud was committed in the marriage, he or she
may either accept the marriage or reject it altogether. Where it is rejected, it becomes void20. If it is
approved, the marriage continues to be lawful.
In Smt. Asha Qureshi v. Afaq Qureshi21 , a wife who was a widow from an earlier marriage,
concealed this fact from the prospective husband at the time of marriage with him. It was held that
this was a material fact which was not disclosed by the wife at the time of her second marriage and
this amounts to fraud. Hence husband is entitled to a decree of nullity.
Under Hanafi law, if the consent is obtained by fraud, the marriage would be only irregular and not
void. If the marriage is ratified by consummation etc., the wife is entitled to prompt dower; but if
the consummation is against the will of the woman, it would not validate the marriage. Unless such
marriage is validated by ratification, no dower would be due and such party may use the option
considering the marriage as voidable.
Under Shia law, such marriages where consent was obtained through fraud or compulsion are void;
so also under Shafii law.

• Compulsion:
When the consent for a marriage is obtained by application of force, coercion, under threats or any
other compulsion, it is not free and it can not be said that such a person has intended to what he or
she has consented. Under all Schools of Muslim law except Hanafi, if the consent of the parties or
of their guardians has been obtained under any compulsion, the marriage is void..

19(1886) ILR 8 All 149

20Abdul Latif v. Niaz Ahmad (1909) 31 All 343

21AIR 2002 MP 263

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Under Hanafi law, even if the consent has been given under compulsion, the marriage is valid. This
peculiar Hanafi rule may not appeal to a reasonable prudent man but its authority is not doubtful. It
is based on the following tradition: Apostle of god said, “there are three things which whether done
in joke or earnest, shall be considered as serious and effectual; one, marriages; the second, divorce
and the third, taking back”Offer and acceptance:

• Mistake of fact:
If at the time of marriage, both the parties or their guardians are under a Mistake of fact relevant to
their marriage, the marriage is void, since there is no consent. For example, if there is a mistake as
to the identity of the girl to whom the offer has been intended, the marriage is void because there is
no formation of lawful contract.

3. Formalities and Ceremonies for the marriage

• Offer and Acceptance:
For the validity of a marriage, it is essential that there should be a offer (ijab) of marriage by or on
behalf of one of the parties and acceptance (Qubul) of the offer by or on behalf of the other party, at
one and the same meeting. If a proposal is made at one meeting and an acceptance at another
meeting, there will not be a valid marriage. The idea behind this requirement is that, the offer and
the acceptance must be simultaneous to each other so that they may form part of the same
transaction. Where the offer and the acceptance are isolated, there in no formation of marriage
contract.
Mere promise to marry at a future time is no marriage at all. The words of offer and acceptance
should be such as to show an intention to establish the conjugal relation. The ceremony of betrothal
is merely a declaration to the public that the marriage between the parties will take place in due
course of time. However, mere betrothal does not give any right and duty between the parties22.
In Bashiran v. M. Hussain23 , it was held that evidence that the wife gave her consent to the marriage
and the husband agreed to the dower constitutes sufficient proposal and acceptance.

22Zainab v. Abdul Rahman AIR 1945

23AIR 1941 Oudh 284
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In Ghulam Kubra v. M. Shafi24, it was held that the first requirement of Muslim law is that both the
bridegroom and bride should give their consent for the marriage. This consent should be given in
one meeting. There should be two witnesses who should personally enquire from the girl as to
whether she is willing to marry or not. Qazi should explain marriage to the boy. The consent of the
bridegroom is also necessary. Both the parties should hear the words spoken by the other. There
must be no ambiguity.

• At the same Sitting:

The offer and the acceptance must have been made at the same sitting. This means that the proposal
for the marriage and its acceptance must be made on the same meeting. For example, if both the
parties are present at one place but after the offer has been made, the other party leaves the place for
some time before accepting it, and then comes back again at that place and accepts the offer, the
offer and acceptance are not simultaneous and there is no marriage.
On the other hand, if both the parties are not at one place but there is proximity or continuity in the
offer and the acceptance so that there is one transaction, the marriage is valid. For example, “H
sends a messenger or writes a letter to W, offering her marriage. W receives the messenger or reads
the letter in the presence of two witnesses, and declares her acceptance of the offer in their presence.
This constitutes a lawful marriage”.

• Conditional or contingent marriage:

The offer and the acceptance must be made with an intention to marry presently, i.e., with
immediate effect. If the offer or acceptance is conditional or depends upon an uncertain future
event, there is no valid marriage. A conditional marriage is simply a promise to marry in future.
Thus, where X offers to marry Y provided she gets through her examination in the first division,
there is no marriage even if Y gets a first division. Again, where X offers to marry Y provided there
is no rain in the next month, and even if there has been no rain in the next month, there is no valid
marriage.

• Mode and form of words:

The contract of marriage should be in unequivocal terms. In other words, the words contained in the
proposal and acceptance should be such as to denote an unconditional and immediate effect of

24AIR 1941 Pesh 2

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marriage. The proposal and acceptance may be made orally, signs or in writing. Generally, when
both the parties are present, the proposal and acceptance may be made by words. The dumb persons
can express the proposal and acceptance by signs or in writing. If one of the parties to the contract is
absent, he or she can express his or her proposal or acceptance in writing.
Under Muslim law, there are no specific words used at the time of making the contract But the
words used should be such as to convey the intention of the parties. Usually, the form adopted is:
one party will say “I have married my self to you” and the other replies: “I have consented myself
to you”. But when the proposal of marriage is made by the bridegroom to the bride’s father, then the
form adopted is: the bridegroom will say, “Marry your daughter to me” and the bride’s father
replies, “I have consented”88.
According to Ithna Ashari and the Shafii law, the Arabic words “Taz wiz” or “Nikah” must be used.
But according to Hanafi law, the words gift (hiba) or sale (bay) or transfer (tamlik) or any other
expression implying a permanent union must be used. The words implying hiring or lending or
lending may not be used89.

• Reciprocity:
The offer and acceptance must be reciprocal to each other. That is to say, the acceptance must be
exactly for the proposal and nothing else. If the acceptance is conditional or with modifications, it is
no acceptance of the proposal. Where a man says: “I offer to marry you on Rs 15,000 as dower” and
the acceptance is given by the woman as: “yes, I accept the marriage on Rs.25,000 as dower, there
is no reciprocity in the offer and acceptance and the marriage is void90.

MUSLIM WEDDING CEREMONY

In Muslim marriages, no religious ceremonies are required for its validity. No special rite or
formality is necessary25. But in India, most of the marriages are performed ceremonially. In the
customary (urf) form of marriage, many ceremonies are performed. But in the legal (sharia) form,
no ceremonies are required. Only one ceremony called “Nikah” must be performed.

1. Pre- marriage preparation

25Musstt. Rahima Khatoon vs Musstt. Saburjanessa And Ors. 1996 Gau 33

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The marriage is celebrated, hosted in the bride’s father’s or guardian’s (if the father is not alive)
residence.Two days before the fixed day as marriage. Mehendi (Henna) is applied on the hands of
the bride and the bridegroom at their respective houses. On the same day, ladies sangeet is also
arranged. One day before the marriage, the bride’s and the bridegroom’s bodies are dusted with
powdered turmeric.

2. Welcoming the Baraat

On the day of marriage, the bridegroom’s party (Barat) proceeds. The Barat consisting of a number
of people from the bridegroom’s side. There the bridegroom takes rest at some place, arranged by
the bride’s side. There, the bridegroom takes a special bath. Kalma is also recited. The bridegroom
also reads the Namaz with the help of the Kazi, or the Mulla in some nearby Mosque or at the
resthouse only. After this, fragrant oils are used for him and his head is adorned with the Sehra. A
coconut and rice in a red cloth are tied on the waist of bridegroom. In the mean time, a Sehra and a
well decorated dress is sent to the bride from the bridegroom’s side and complete make up is
applied.Then the bridegroom garlanded with flowers, riding caparisoned horse, along with the Barat
proceeds to the bride’s house. A complete hospitality is shown to the Barat.

3. Nikah
On the stage, the proposal for marriage by the bridegroom is made in the presence of the Kazi or
Mulla and two witnesses (in case of Sunnis) from the bridegroom’s side. At the same time, the
bride’s acceptance or consent is also taken in the presence of two witnesses from her side.
Generally, two persons called the agents or the vakils are appointed who act on behalf of the
contracting parties. The Kazi or the Mulla reads Fatiha (Quranic Verses). A deed of marriage, called
the ‘Kabin-Namah’ or ‘Nikah-Namah’ is also prepared which contains all the conditions of marriage
like the amount of Mahr or Dower and its mode of payment etc. It may also contain provisions for
the maintenance of wife, guardianship of children, delegation of power of talaq or any other
conditions which the contracting parties desire to lay down are incorporated. After the completion
of the formalities of proposal and acceptance, the ceremony of marriage (Nikah) is completed.

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4. Time of Marriage Ceremony
• Witness
Among the Sunnis, the proposal and acceptance should be made in the presence and hearing of two
adult male witnesses (or one male and two female witnesses). It is not necessary that out of a large
number of witnesses attending the marriage, two witnesses should be picked out. But the condition
for being a witness is that he or she should be of sound mind, of full age and professing Islam.
Under the Shafii law, both the witnesses should be male. Under Shia law, the presence of witnesses
is not necessary. Absence of witnesses renders the marriage irregular which can be regularized by
consummation.

The requirement of law in each marriage is to be distinguished from the ceremonies and customs
that prevail. The Kazi is ordinarily present. The Qazi in India is the mere keeper of a marriage
register.Muslim marriage though do not particularly prescribe and particular requirement of Qazi.26

26 Siraj Mohammed v Hafijunissah Begum SC 1980

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 CONCLUSION
Then, this is the state of law of ceremonial validity of Hindu marriages. This state of law is far from
being satisfactory. Many cases of prosecution for bigamy fail because of the lack of proof of
solemnization of the second marriage with requisite rites and ceremonies.This writer would submit
that in respect of ceremonial validity of Hindu marriages, the Hindu Marriage Act may be amended
incorporating the following suggestions :

A simple ceremony of marriage should be laid down which should uniformly apply to all Hindu
marriages. This may be something like this : in the presence of relatives and/or friends and/or
acquaintances (whose total number should not be less than five), the bride and the bridegroom
should exchange garlands, and with the skirts of their mantles tied together they should seek
blessing from the elders present there (if any) and greet friends and acquaintances. It is submitted
that the tying of the skirts of the mantles of the bride and the bridegroom is part of the ceremony
and not the seeking of elders and greeting of others.

A civil ceremony of marriage on the lines of the Special Marriage Act, 1954 with simple formalities
should also be made available to all Hindus under the Hindu Marriage Act (contrary to popular
belief, formalities of a civil marriage or court marriages, as they are commonly called, are not
simple or easy ; ten sections of the Special Marriage Act deal with them), and facilities for its
solemnization should be made available in the villages also.

The performance of either of the two ceremonies suggested above should be necessary for the
ceremonial validity of all Hindu marriages. This suggestion, however, does not prevent parties from
performing any other additional ceremonies and rites, shastric or customary, very elaborate or very
brief.

Marriage is a religious duty of every Muslim and it is considered to be a moral safeguard and a
social need. The Prophet has also said Marriage is my tradition whosoever keeps away there from is
not from amongst me.

Unlike Hindu where the marriage is a sacrament, marriages in Muslims have a nature of civil
contract. Marriage is necessary for the legitimization of a child. When the marriage is done in
accordance to the prescribed norms it creates various rights and obligations on both the parties.

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