Section 6 and Section 7 of the Hindu Marriage Act, 1955
Section 6, which formerly dealt with guardianship in marriage, has been omitted. Section 7 governs the ceremonies by which a Hindu marriage may be solemnized and gives legal significance to customary rites, including saptapadi where that ceremony forms part of the applicable custom.
Section 6 - Guardianship in Marriage
Section 6 stands omitted by the Marriage Laws (Amendment) Act, 1976. It no longer contains an operative guardianship requirement under the Hindu Marriage Act, 1955.
The omission is important when reading older material on Hindu marriage law. The present statutory scheme should therefore not be described as requiring a guardian's consent under Section 6.
Section 7 - Ceremonies for a Hindu Marriage
Section 7 deals with the solemnization of a Hindu marriage. In substance, it provides:
- A Hindu marriage may be solemnized according to the customary rites and ceremonies of either party to the marriage.
- If those rites and ceremonies include saptapadi, meaning the bride and bridegroom jointly taking seven steps before the sacred fire, the marriage becomes complete and binding when the seventh step is taken.
The expression custom is relevant because Section 3(a) of the Act defines "custom" and "usage" as a rule continuously and uniformly observed for a long time which has obtained the force of law among Hindus in a local area, tribe, community, group or family, subject to the statutory requirements stated in that provision.
What Section 7 Means in Practice
Section 7 does not prescribe one identical wedding ritual for every Hindu marriage. The applicable rites and ceremonies may depend on the valid customs of either party. The essential legal question is whether the marriage was solemnized through the rites and ceremonies applicable to the parties.
Saptapadi is not stated as a universal requirement for every Hindu marriage. It becomes decisive where the customary rites and ceremonies being followed include saptapadi. In that situation, Section 7(2) expressly fixes completion of the marriage at the taking of the seventh step.
Supreme Court Guidance: Ceremonies Must Actually Be Performed
Dolly Rani v. Manish Kumar Chanchal, 2024 INSC 355
The Supreme Court emphasized that a Hindu marriage under the Act must be solemnized in accordance with the applicable customary rites and ceremonies. Where the required ceremony has not been performed, merely obtaining a marriage certificate or making a registration entry does not by itself create a Hindu marriage under Section 7.
The decision also explains the distinction between the act of solemnizing a marriage and the later evidentiary or administrative function of registration.
Section 7 Ceremonies and Section 8 Registration
Section 7 concerns how a Hindu marriage is solemnized. Section 8 concerns registration of Hindu marriages. Registration can facilitate proof of a marriage, but it should not be treated as a substitute for solemnization where the essential ceremonies required by Section 7 were never performed.
Related Provisions
For the broader statutory framework, also see Section 5 - Conditions for a Hindu Marriage and Section 8 - Registration of Hindu Marriages.
Updated: 27 September 2026. Statutory position checked against India Code and the Supreme Court of India judgment cited on this page.