Hindu Marriage Is Invalid Without 'Saptapadi' Ceremony, Says Allahabad High Court
Allahabad High Court has dismissed the proceedings of a case observing that Hindu marriage is invalid without saat pheras and other customary rituals. The ruling came in the context of a man’s allegation that his estranged wife entered into a second marriage without obtaining divorce from him. Saat Pheras or Saptapadi ceremony in Hindu marriage denotes the taking of seven steps by the bridegroom and the bride jointly before the sacred fire.
Justice Sanjay Kumar Singh, who was presiding over the case, observed that the word ‘solemnize’ in relation with marriage denotes celebration of marriage following the proper ceremonies and rites. “Unless the marriage is celebrated or performed with proper ceremonies and due form, it cannot be said to be solemnized,” the court said.
For reference, the court cited Section 7 of the Hindu Marriage Act, 1955 which explains that a Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto. Further, clause 2 mentions the rites and ceremonies like “Saptapadi” through which the marriage becomes complete and binding when the seventh step is taken.
Thus the court upheld the petition filed by Smriti Singh and stated that her marriage to Satyam Singh in 2017 lacked the ‘Saat pheras’ ceremony under Hindu Law. It declared the marriage invalid also.
The case began when Singh left her in-laws’ house and filed a FIR for dowry harassment. After conducting investigation, Police submitted charge sheet against Mr Singh and in-laws.
The petitioner-wife also filed an application for maintenance, and family court in Mirzapur directed the husband to pay Rs 4,000 per month until Ms Singh’s remarriage. Then, the husband first gave an application claiming bigamy against his wife which turned to be false, and submitted another complaint on September 20, 2021 alleging inter-alia that she had sanctified her second marriage. The magistrate on April 21, 2022, summoned Ms Singh, subsequently she filed the current petition before the High Court.
