Case Analysis of Smt. Seema vs. Ashwani Kumar

  • Harneet Kaur Sethi
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  • Harneet Kaur Sethi

    Student at Kirti P Mehta School of Law, India

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In contrast to Hindu law, which sees marriage as a profoundly sacred process, Muslims law sees marriage as a straightforward contract. The Hindu Marriage Act of 1955 regulates all aspects of marriage and is applicable to all Hindus (including Jains, Sikhs, and Buddhists), but not to Muslims, Parsis, Christians, or Jews. The provisions of Section 7 of the Act state that Hindu marriages must be performed and solemnised in line with the traditional and religious rites and ceremonies of the bride and groom. "Saptapadi" is one of these customs. In plainer terms, it can be argued that a marriage between a bride and groom is known as a valid marriage when it is solemnised in accordance with the ceremonies and all of the requirements listed in Section 5 are met. A lawful marriage confers specific rights and duties on both the husband and wife. Section 8 (1)1 of Hindu Marriage Act 1955 talks about registration of Hindu Marriage as Registration of Hindu marriages. —(1) For the purpose of facilitating the proof of Hindu marriages, the State Government may make rules providing that the parties to any such marriage may have the particulars relating to their marriage entered in such manner and subject to such conditions as may be prescribed in a Hindu Marriage Register kept for the purpose Marriage registration wasn't necessary before this ruling was handed down in 2006, when it was. Notwithstanding this, the Supreme Court ordered that all husbands and wives register their unions while this case was still in court after learning about the various abuses that women were experiencing as a result of the absence of such documents. This occurred as a result of the fact that few marriages were registered in India until the early 2000s.


Case Comment


International Journal of Law Management and Humanities, Volume 6, Issue 2, Page 1667 - 1672


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