Sindoor And Mangalsutra does not validate a marriage under Hindu Spousal relationship Act

Bombay High Courtroom: Hearing an entreatment, a Division Demote comprising of BP Dharmadhikari and Swapna Joshi, JJ held that  simply performing two rites, that of sindoor and mangalsutra, does not make a marriage valid. The Court passed this society against an order of the Family unit Court, Nagpur which had allowed the petition filed by respondent adult female in her mid thirties seeking restoration of bridal rights. The respondent woman was earlier married to another man and afterward divorced, though she continued to stay with him in the interest of her two children. Afterward she met the appellant and fell in dearest with him. The appellant 'married' her past putting mangalsutra and applying vermilion on her forehead before the idol of Lord Krishna.

The Court noted that as per provisions of the Hindu Wedlock Act, 1955, a wedding ceremony must be performed equally per ceremonies, rites and rituals recognised by either of the parties. Under the Human action, importance is given to Satpadi which was not performed in this case. The Court besides observed that fifty-fifty though at that place was concrete human relationship between the two parties, they were not in a live-in relationship, hence there was no valid marriage between the two and the Family unit Courtroom'southward order which held to exist erroneous and was quashed. [Nitin Omprakash Agarwal vs. Rekha Agarwal, Family unit Courtroom Appeal 57 of 2015, decided on 31-01-2017]