How Ceremonies and Conversion Affect Legal Status under Hindu Law

Beliefs govern the way marriages are solemnized under Hindu customs that are followed across regions. However, Hindu law makes it simpler to understand what ceremonies are vital and what happens in case a spouse converts to another religion.

Which Shastric Ceremonies are Crucial to Prove a Valid Hindu Marriage?

There are different customs and rites that are followed by Hindus across the country when it comes to conducting a marriage and solemnizing it.  In Ramaswamy Kamaiya Naik v Sundarlingasami (1894 70 Madras 422), it was held that where a Hindu marriage was conducted with a dagger or sword of the bridegroom instead of the bridegroom, this was a valid form of marriage among some sections of the Rajputs. However, in a later case, Maharaja of Kohlapur v Sundaram Ayyar (AIR 1925 Mad 497) , it was held that this form of marriage is not valid. However, it is agreed that there are no customs governing marriage of Buddhists. To constitute a valid Hindu marriage, the following ceremonies are vital:

• Kanyadanam (Gift of the Girl)
• Saptapadi (Taking the seven steps together around the sacred fire)

Can a Hindu Wife who Converts Remarry Someone of her Choice?

The case Gulmohammed v Emperor was interesting because it was held that the conversion of a Hindu wife does not automatically dissolve her marriage and that she cannot remarry a second time during her husband's lifetime.  This ruling was accepted in many other subsequent cases. Further, in Chandramani Dubey v Dubey (AIR 1951 All 439), it was indicated that there is no rule in Hindu law that forbids the sustenance of a Hindu marriage if one of the spouses has ceased to be a Hindu.