AIR 1991 PUNJAB AND HARYANA 177 ::(1993) MarriLJ 23 ::1992 ChandLR(Civ&Cri) 11 ::1991 (1)HinduLR46 ::(1992) 2 DMC 50 ::(1991) MatLR 249 ::1992 (2)Pun LR612 ::(1991) 2 CurLJ (CCR) 353

Punjab And Haryana High Court

Hon'ble Judge(s): G. R. Majithia , J

Hindu Marriage Act (25 of 1955) , S.7— Marriage - Proof of performance - Customary rites and ceremonies - Merely going through some customary ceremonies like distribution of Gur and Sugar - Not sufficient proof of performance of marriage, for claiming share in estate of deceased as his widow. Marriage - Proof of performance - Customary rites and ceremonies. A marriage will be valid only if the ceremony through which it is solemnised is sanctioned by the religion of either party as a customary ceremony. Therefore, merely going through some ceremonies like distribution of Gur and Shakkar (Sugar) with the intention that the parties be taken to have been married will not make them the customary ceremonies prescribed by law or sanctioned by custom. Even in the general customary law @page-PunjHar178 in Punjab as applicable to the predominently agricultural tribes, the 'Karewa' marriage with the brother or some male relative of the decease husband requires no religious ceremonies and confers all the rights of a valid marriage. However, the bride in the instant case had no connection whatsoever with the deceased alleged to be her husband prior to the execution of the 'Karewa Nama'. The marriage with a stranger has to be performed in accordance with the customary rights or ceremonies as prescribed by law. There is no alleg....