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marriage
According to sec.7:
- Hindu marriage must have been solemnised in
accordance with ceremonies of at least one of the
parties to the marriage.
- Act did not prescribe any form of ceremonies.
- Parties can also observe customary ceremonies
which differ from caste to caste.
Judgment:
Judgment:
The Supreme Court held that the prosecution has
to prove that the alleged second marriage had been
duly performed in accordance with the essential
religious rites applicable to the form of marriage
gone through by the parties and that the said
marriage must be a valid one according to law
applicable to the parties.
Further according to sec.7 of H.M Act, Homo and
Saptapadi are the essential rites for a marriage and
that there is no evidence that these two essential
ceremonies have been performed when the
respondent is stated to have married again. Hence,
petition is dismissed.