Ceremonies of Hindu Marriage and Sapinda Relationship |
26 Oct 2023
Introduction
Section 7 of the Hindu Marriage Act, 1955 (HMA) says that some spiritual ceremonies
must be performed at the time of marriage.
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.
It is believed that a Hindu marriage is incomplete without performing a few customary
rituals. Though these rituals are not universal but there are a few rituals like Saptapadi
without which a Vedic marriage is incomplete.
Necessary ceremonies, shastric or customary, whichever are prevalent in the culture of
the bride or bridegroom, must be performed otherwise marriage will not be valid.
Ceremonies of Hindu Marriage
Some of the important ceremonies are:
Homa – An oblation in the sacred fire.
Kanyadanam – Father gifting the bride to the groom.
Panigrahana – Taking hold of the bride’s hand by the bridegroom and going round
the fire to the chant of Vedic mantras.
Saptapadi – Taking seven steps around the sacred fire.
Homa
In a Hindu marriage, the homa ceremony, often referred to as 'vivah homa' in
spiritual context, involves the lighting of a sacred fire in the havan kund.
During this ritual, a priest recites mantras to venerate the deity of fire, Agnidevta,
and to invoke the presence of Lord Vishnu, sanctifying the marriage.
Kanyadaan
During the wedding, the ritual is traditionally conducted by the bride's father, and
in the absence of the father, a guardian from the bride's side carries out this
ceremony.
In this ritual, the bride's father symbolically entrusts his daughter to the groom,
imparting to him the duty to safeguard, support, and nurture her.
This particular ceremony is often considered a vital and obligatory component for a
legally recognized marriage.
In Ramlal Agarwal v. Shantadevi (1999), Supreme Court (SC) held that marriage
may be complete by the performance of ceremonies other than those referred in the
legislation when the custom of the case to which the parties belong are followed.
Kanyadaan is an essential ceremony but its absence, however, may not invalidate a
marriage.
Panigrahana
Following the kanyadana ritual, there is this hand-holding ceremony. This symbolic
act signifies the marital union and the commitment to share responsibilities with
one another.
On this occasion, a symbolic fire may be kindled during this ritual, symbolizing the
commencement of a new household.
Saptapadi
Saptapadi translates to "Seven Steps" in Sanskrit, and it's regarded as the central and
most significant Vedic Hindu Marriage ritual.
During this ritual, a sacred fire is ignited, and the bride and groom, hand in hand,
take seven steps around the holy fire. With each step, the couple makes solemn
vows, symbolizing their union and shared responsibilities.
This ritual follows the Panigrahan ceremony, which involves handholding and
signifies the marital bond and mutual responsibilities between the couple.
Section 7(2) of the Hindu Marriage Act, 1955, gives out the general provision for
Saptapadi, wherein it states that where rites and ceremonies include ‘saptapadi’ as a
ceremony, then the marriage will be considered complete and valid upon the
completion of the seventh round around the holy fire.
In Shanti Dev Barma v. Kanchan Prawa (1991), SC has held that merely wearing
mangalsutra or sindoor on forehead does not constitute legally accepted marriage, if
other rites like saptapadi before holy fire were not performed.
Sapinda Relation
The word Sapinda came from the word Pinda which means a ball of rice offered at a
sraddha ceremony to deceased ancestors.
According to Hindu law, when two persons offer PINDA to the same ancestor it is
known as SAPINDA relation. These relations are connected to each other with the
same blood.
Section 3(f) defines Sapinda Relationship as
(i) “Sapinda Relationship” with reference to any person extends as far as the third
generation (inclusive) in the line of ascent through the mother, and the fifth
(inclusive) in the line of ascent through the father, the line being traced upwards
in each case from the person concerned, who is to be counted as the first generation.
(ii) two persons are said to be “sapindas” of each other if one is a lineal ascendant of
the other within the limits of sapinda relationship, or if they have a common lineal
ascendant who is within the limits of sapinda relationship with reference to each of
them.
Theories of Sapinda Relationship
Jimuthvana Theory
Jimutavahana's perspective on this matter revolved around the concept of oblation.
According to his theory, the term "pinda" signified a tribute made to ancestors who
had passed away.
Consequently, individuals who presented such offerings, known as "pind-daan," to a
shared ancestor were considered sapindas of one another.
Vijnaneswara's Theory
Vijaneshwara's sapinda theory involved the concept of individuals being linked
through a common ancestor, signifying a connection through a shared bodily
connection.
This connection between individuals was established through the particles or
elements of the body they had in common. For instance, a son was considered a
sapinda to his father and grandfather because they shared these common bodily
elements.
Extending this analogy, a son would also be considered a sapinda to his mother and
other maternal relatives because they, too, shared these same bodily elements.
Marriage under Sapinda Relation
According to Section 5(v), 11 of HMA, if any person marries within the sapinda relation
such a marriage is considered void.
Section 5 - Conditions for a Hindu Marriage — A marriage may be solemnized
between any two Hindus, if the following conditions are fulfilled, namely: (v) The
parties are not sapindas of each other, unless the custom or usage governing each of
them permits marriage between the two.
Section 11 - Void marriages — Any marriage solemnized after the commencement
of this Act shall be null and void and may, on a petition presented by either party
thereto 2 [against the other party], be so declared by a decree of nullity if it
contravenes any one of the conditions specified in clauses (i), (iv) and (v) of Section
5.
Section 18(b) of HMA mentions that violation of clause i.e marrying within sapinda
relationship clause would amount to simple imprisonment up to 1 month or a fine of Rs.
1000/- or both.
