New Delhi: Observing that a Hindu marriage is not valid without ‘Saptapadi’ ceremony and other rituals, the Allahabad High Court has quashed the proceedings of a case where a man alleged that his estranged wife had solemnised her second marriage without divorcing him.
“It is well settled that the word ‘solemnise’ 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,” Justice Sanjay Kumar Singh observed allowing a petition by Smriti Singh, news agency PTI reported.
“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 ingredients to constitute a valid marriage but the said evidence is lacking in the present case,” the court said in a recent order.
The court also relied on Section 7 of the Hindu Marriage Act, 1955, which provides that a Hindu marriage may be solemnised in accordance with the customary rites and ceremonies of either party thereto. Secondly, such rites and ceremonies include the ‘Saptapadi’ (taking seven steps by the groom and 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 the complaint case pending before a Mirzapur court against the wife, the petitioner, 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 applicant as the allegation of second marriage is a bald allegation without corroborative materials”.
Smriti Singh got married to Satyam Singh in 2017 but the couple had acrimonious relations, following which, she left the house and lodged an FIR alleging harassment for dowry. After investigation, the police submitted a charge sheet against the husband and in-laws.
Later, Satyam gave an application against his wife, alleging bigamy, which was found false. Satyam again filed a complaint case on September 20, 2021 against his wife making allegations that she had sanctified her second marriage.
