Singh v. Singh
1971 N.Y. Misc. LEXIS 1159, 325 N.Y.S.2d 590, 67 Misc.2d 878 (1971)
Premium Feature
Subscribe to Lexplug to listen to the Case Podcast.
Rule of Law:
The validity of a marriage is determined by the law of the place where it was contracted (lex loci contractus). Under the Hindu Marriage Act of 1955, if an essential customary rite, such as the saptapadi, is not performed, the marriage is void ab initio.
Facts:
- The plaintiff and defendant, both residents of India, were set to be married in Allahabad, India, on January 19, 1964.
- The marriage was arranged by their respective parents without the consent of either the plaintiff or the defendant.
- During the Hindu marriage ceremony, the defendant refused to participate in the saptapadi, which is the taking of seven steps by the bride and bridegroom before a sacred fire.
- The defendant's refusal was motivated by her love for another person and her unwillingness to marry the plaintiff.
- Following the incomplete ceremony, the marriage was never consummated.
- The parties never lived together as husband and wife.
- The plaintiff subsequently became a resident of the State of New York for more than two years.
Procedural Posture:
- The plaintiff brought an action in a New York court to have his purported marriage to the defendant declared null and void.
- The defendant was personally served with the summons in India.
- The defendant did not appear in the action or file an answer to the complaint, resulting in a default.
- The plaintiff appeared and testified before the court to provide the proof required for a judgment of annulment.
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Does the failure to perform the saptapadi, an essential ceremony for a Hindu marriage under the laws of India, render the marriage void and subject to annulment by a New York court?
Opinions:
Majority - Frederick B. Bryant, J.
Yes. The failure to perform the saptapadi renders the marriage void. The court must apply the law of the place where the marriage was solemnized, which is the Hindu Marriage Act of 1955 of India. According to that Act, where the saptapadi is a customary rite, the marriage only becomes 'complete and binding' when the seventh step is taken. Based on a review of Indian legal authorities, the court finds a consensus that if the saptapadi is part of the customary rites for the parties, a marriage without it is invalid. The defendant's refusal to perform this essential rite was effectively a refusal of consent to the marriage, rendering the marriage void ab initio, or a nullity from its inception.
Analysis:
This case illustrates the principle of comity, where a court in one jurisdiction will apply the substantive law of another jurisdiction to determine the validity of a legal relationship created there. It affirms that the validity of a marriage is governed by the law of the place where it was celebrated. The decision hinges on the interpretation of foreign law and distinguishes between a voidable marriage (valid until annulled) and a marriage that is void ab initio (never legally existed). It establishes that failure to comply with a mandatory ceremonial requirement of the lex loci contractus can be grounds for a declaration of nullity in a foreign court.
