"Hindu marriage not valid without ‘Saptapadi’, other ceremonies": Know why Allahabad HC stated this-

Pragyaraj, Oct 5: "A Hindu marriage was not valid without ‘Saptapadi’ (taking rounds around the sacred fire) and other ceremonies", the Allahabad High Court observed during the hearing a case.

 

This came after the High Cout quashed the entire proceedings of a complaint case, where the husband had sought punishment for his estranged wife, alleging that she had solemnised second marriage without obtaining divorce from him.

 

Allowing the petition filed by Smriti Singh, justice Sanjay Kumar Singh observed, "It is well settled that the word ‘solemnize’ means, in connection with a marriage, ‘to celebrate the marriage with proper ceremonies and in due form’. Unless the marriage is celebrated or performed with proper ceremonies and due form, it cannot be said to be ‘solemnized’. If the marriage is not a valid marriage, according to the law applicable to the parties, it is not a marriage in the eyes of law. The ‘Saptapadi’ ceremony under the Hindu law is one of the essential factors to constitute a valid marriage but the said evidence is lacking in the present case".

 

The court also relied on section 7 of the Hindu Marriage Act, 1955, which provides that a Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto. Secondly, such rites and ceremonies include the saptapadi (that is, the taking of seven steps by the bridegroom and the bride jointly around the sacred fire), which makes the marriage complete and binding when the seventh step is taken.

 

While quashing the summoning order dated April 21, 2022 and further proceedings of complaint case pending before Mirzapur court against the petitioner – wife, the court said, “Even there is no averment with regard to ‘Saptapadi’ in the complaint as well as in the statements before the court, hence, this court is of the view that no prima-facie offence is made out against the applicants as the allegation of second marriage is a bald allegation without corroborative materials”.

 

 

 

The marriage of petitioner Smriti Singh was solemnized with one Satyam Singh in the year 2017 but due to acrimonious relations, she left the house of in-laws and lodged an FIR alleging harassment for dowry. Later, after investigation, the police submitted charge-sheet against the husband and in laws.

Later, petitioner also filed an application for maintenance, which was allowed and the principal judge, family court, Mirzapur on January 11, 2021 directed the husband to pay Rs. 4000 as maintenance per month until she got remarried.

Thereafter, the husband gave an application before the higher police officials with allegations of bigamy against his wife. The said application was thoroughly investigated by the circle officer Sadar, Mirzapur and allegations of bigamy etc. against the petitioner were found false and report dated January 6, 2021 was submitted by CO to superintendent of police, Mirzapur.

Thereafter, the husband filed a complaint on September 20, 2021 against the petitioner – wife alleging offence under sections 494 and 109 I.P.C. making allegations inter-alia that she had sanctified her second marriage. Thereafter, the magistrate concerned of Mirzapur on April 21, 2022 summoned the petitioner– the wife. Hence, she filed the present petition before the high court challenging the summoning order and the entire proceedings of the complaint case.

The counsel for the petitioner-wife contended that aforesaid complaint and summoning order was nothing but a counter-blast case against applicants on account of FIR lodged by her against his family members, order for compensation and also to nullify the enquiry report of circle officer of police of Mirzapur.