PROGRESSIVENESS OF NORTH EASTERN MARRRIAGES AND SUCCESSION
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Abstract
India has progressed rapidly in the fields’of science and technology in the past decade. The country has also created many progressive laws towards the upliftment of society and also abolished many orthodox laws which were detrimental to the society. India has a fully codified marriage law which is liberal and allows the practice of customary laws for people who wish to practice and follow their own customs. To further encourage this, Section 7 allows customary marriages for communities and tribes who do not follow the essential practices of Saptapadi and Homa. There have been cases in which courts have legalized marriages which did not include the compulsory practices of Saptapadi and Homa in the ceremony, for example in the case of S. Nagalingam v. Sivagami, the judge, K.G. Balakrishnan stated, "'Saptapadi' was held to be an essential ceremony for a valid marriage only in cases it was admitted by the parties that as per the form of marriage applicable to them that was an essential ceremony." There was a state amendment post this case which led to the legal validity of the practices of Suyamariyathai and Seerthirutha under section 7A of the Hindu Marriage Act.
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