Associate Job Opening at Clergy & Wisemen for Real Estate Law

About Clergy & Wisemen

Clergy & Wisemen is offering an associate job opening for real estate law at their well-established law firm. This position provides an excellent opportunity for those with a passion for real estate law and the drive to develop professionally in a fast-paced legal environment. The firm’s Real Estate Team is renowned for its expertise in managing complex property matters, and this role offers a perfect stepping stone for ambitious lawyers.

About Clergy & Wisemen

Clergy & Wisemen is a full-service law firm that provides end-to-end legal solutions across India. In addition to their real estate expertise, the firm is deeply committed to helping early- and growth-stage businesses with tailored legal advice. Since the global market is continuously evolving, they assist clients in adapting to the ever-changing business landscape. Moreover, their approach ensures that companies have the legal backing needed to succeed in today’s competitive world.

Job Description

The Associate Job Opening at Clergy & Wisemen’s Real Estate Team is a full-time role based in New Delhi. Candidates will work alongside experienced attorneys and handle a variety of real estate law matters. These responsibilities include conducting thorough due diligence, drafting property-related documents, and offering legal support for real estate transactions. Furthermore, this role is ideal for someone looking to expand their knowledge in real estate law and gain practical, hands-on experience.

Who Can Apply?

To qualify for this role, applicants must have 1-2 years of post-qualification experience in real estate law. Additionally, a strong interest in property matters, excellent legal research skills, and proficiency in drafting legal documents are essential. Candidates should also be able to thrive in a fast-paced environment while managing multiple tasks efficiently.

Location

This position is based in New Delhi, offering a chance to work in the heart of India’s legal and business landscape.

How to Apply?

If you meet the qualifications and are interested in this exciting opportunity, please send your CV, cover letter, and a copy of Title Due Diligence that you have previously performed to Career@Clergywisemen.com. This role offers immediate joining, so don’t miss the chance to become part of an esteemed law firm.

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Hindu Marriage Ceremonies and Customs under Law

Rituals and Legal Significance in Hindu Weddings

Hindu marriage ceremonies are not just colourful events filled with rituals and family celebrations. They are the backbone of a legally valid Hindu marriage under the Hindu Marriage Act, 1955. In our last post on Hindu Marriage Requirements under Law, we explained the key conditions like monogamy, valid consent, minimum age, relationship restrictions, and the importance of solemnisation. You can read it here: [Hindu Marriage Requirements under Law]. In this blog, we will explore the ceremonies themselves, why they are important, how they vary across regions, and the legal consequences of not performing them.

A Hindu marriage cannot be considered complete without ceremonies. While marriage registration records the union, it is the ceremonies that create it. Courts have clearly held that two people cannot simply decide to be husband and wife without going through the required rites. Thus, ceremonies are not optional traditions; they are a legal necessity.

Why Hindu marriage ceremonies matter

Hindu marriage is considered a sanskara — a sacred rite of passage that transforms the status of two individuals. Unlike a simple contract, marriage in Hindu law has a spiritual element that ties the couple not only to each other but also to their families, ancestors, and community. The ceremonies serve multiple purposes:

  • Spiritual role: Invoking divine blessings and sanctifying the union.
  • Social role: Publicly announcing the marriage to the community.
  • Legal role: Making the marriage valid under law.

Without ceremonies, a Hindu marriage cannot be recognised in court. Even registration cannot replace ceremonies. For instance, if a couple registers their marriage without performing any recognised rite, courts may declare the marriage invalid.

Key hindu marriage ceremonies

The Hindu Marriage Act recognises that ceremonies vary across regions and communities. It does not prescribe one single fixed ritual but allows solemnisation according to customary rites of either party. Still, some ceremonies have acquired central importance across India.

Saptapadi – the seven steps

Perhaps the most significant of all hindu marriage ceremonies is saptapadi, or the seven steps taken by the couple around the sacred fire. Each step is associated with a vow:

  1. Sharing food and sustenance.
  2. Building strength together.
  3. Earning and prosperity.
  4. Happiness and harmony.
  5. Raising children with care.
  6. Health and longevity.
  7. Friendship and loyalty.

Under Section 7(2) of the Hindu Marriage Act, if saptapadi is part of the customary rites, the marriage becomes complete and binding when the seventh step is taken. This shows the legal weight of this ritual.

Kanyadaan – giving away the bride

Kanyadaan involves the father or guardian of the bride formally giving her away to the groom. It symbolises entrusting the daughter’s welfare and responsibility to her husband. While not legally mandatory for every community, it is widely practised and carries immense emotional and cultural meaning.

Homa – offerings to fire

Homa involves making offerings of ghee, grains, and herbs into the sacred fire while reciting mantras. Fire is considered a witness to the vows and acts as a purifier. Legally, homa is often part of the solemnisation required for validity.

Mangal Phera – rounds around fire

In many regions, instead of seven steps, couples perform four rounds around the fire, known as mangal phera. Each round symbolises an aspect of married life – duty (dharma), prosperity (artha), love (kama), and spiritual liberation (moksha). The ritual reinforces the goals of life that the couple pledges to achieve together.

Sindoor and Mangalsutra

Applying sindoor (vermilion) to the bride’s forehead and tying the mangalsutra (sacred necklace) are highly visible symbols of a woman’s married status. While these acts are culturally significant, they are not universally required by law. However, in many communities, these symbols are treated as proof of marriage in practice.

Regional variations in ceremonies

Hindu marriages are not uniform across India. Each region follows unique customs, yet all ceremonies aim to solemnise the union.

  • North India: Emphasis on kanyadaan and saptapadi. The sacred fire is central to the wedding.
  • South India: The thaali or mangalsutra tying is the most important act. In Tamil Nadu, the tying of the thaali is often treated as the defining ritual.
  • Maharashtra: The antarpat ritual uses a cloth partition between bride and groom, removed when vows begin.
  • Bengal: Rituals include shubho drishti (first gaze between bride and groom) and mala badal (exchange of garlands).
  • Tribal and rural communities: Unique rituals such as walking around village boundaries, symbolic offerings to nature, or community feasts.

Despite diversity, the principle remains the same: ceremonies according to custom must be performed for the marriage to be valid.

Legal recognition of ceremonies

Courts in India have repeatedly emphasised that solemnisation is necessary for a Hindu marriage. In Priya Bala Ghosh v. Suresh Chandra Ghosh (1971), the Supreme Court ruled that proof of ceremonies is essential to prove marriage. Merely living together or presenting oneself as husband and wife is not enough.

Important points:

  • Where saptapadi is customary, the seventh step is the moment of legal completion.
  • A marriage without ceremonies is invalid, even if both parties agree otherwise.
  • Registration does not create marriage; it only records it.

Thus, ceremonies are indispensable to the legal existence of a Hindu marriage.

Proving ceremonies in court

When marital disputes arise, proving that ceremonies were performed becomes crucial. Proof can include:

  • Witness testimony from relatives and guests.
  • Photographs and videos.
  • Evidence of venue booking, invitations, or priest’s presence.
  • Testimony of the officiating priest.

Without such proof, claims of marriage may be rejected. This has significant consequences in cases of inheritance, divorce, or maintenance.

Ceremonies vs. registration

While marriage registration is recommended for legal clarity, it does not substitute ceremonies. Registration only records what has already been solemnised. If ceremonies are missing, registration cannot cure the defect.

This distinction is important in urban areas, where some couples choose quick registrations without traditional rituals. Unless the registration is backed by customary rites, the marriage may be declared invalid.

Modern challenges

In recent years, Hindu marriages face new challenges:

  • Simplified weddings: Many couples prefer minimal ceremonies due to cost or lifestyle choices. While some simplifications are acceptable, skipping key rites risks invalidation.
  • Destination weddings: Popular in cities, these often combine customs with modern settings. The challenge is ensuring that the essential rites are still performed properly.
  • Inter-caste marriages: Customs may differ, so couples often choose simplified ceremonies combining both traditions.
  • Court marriages: Some couples prefer civil registration only. Without religious ceremonies, such marriages are valid only under the Special Marriage Act, not under Hindu law.

Hindu Marriage Ceremonies and Social Role

Beyond law, ceremonies perform vital social functions:

  • Public announcement: The community becomes aware of the new marital bond.
  • Family bonding: Both families unite through rituals.
  • Cultural preservation: Ceremonies maintain cultural identity across generations.
  • Legitimacy of children: Society accepts children born from such marriages without doubt.

In traditional societies, marriage without ceremonies is often socially unacceptable, further underlining their importance.

Everyday examples

  1. Valid marriage: Aarav and Riya perform saptapadi and kanyadaan, later register their marriage – valid in law.
  2. Invalid marriage: Suresh and Anjali only register without any ceremonies – invalid under Hindu law.
  3. Voidable marriage: Sunita marries at 17, performs ceremonies, but can annul upon turning 18.
  4. Disputed marriage: Manoj claims marriage with Kavita, but cannot prove ceremonies – claim fails.

Summary

The hindu marriage ceremonies – saptapadi, kanyadaan, homa, mangal phera, sindoor, mangalsutra, and region-specific customs – are not optional traditions but legal requirements for a valid Hindu marriage. They provide spiritual sanctity, social acceptance, and legal recognition. Without them, a marriage cannot stand in court. Registration may support, but cannot replace, the role of ceremonies. The ceremonies, whether simple or elaborate, continue to bind individuals, families, and communities together, making them central to both culture and law.


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