Hindu marriage not valid without Saptapadi: High Court orders

The Allahabad High Court said that a Hindu marriage without Saptapadi and other formalities is not valid for married. The Allahabad High Court quashed the trial of an registered case in which a husband alleged that his divorced wife had committed a second marriage without giving him a divorce.

Admitting the petition filed by Smriti Singh, Justice Sanjay Kumar Singh said, “In relation to marriage, the word ‘solemnize’ is well-settled to mean the celebration of marriage with due ceremony and due form. “If a marriage is not celebrated or performed with proper rites and in proper form, it cannot be solemnized,” it said.

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A marriage is not a marriage in the eyes of law if it is not a valid marriage. Under Hindu law the Saptapadi ceremony is one of the essential elements to constitute a valid marriage. But the court said in a recent order that the said evidence is lacking in the present case. The court relied on Section 7 of the Hindu Marriage Act, 1955.

It states that a Hindu marriage can be conducted according to the traditional rites and ceremonies of either party. Secondly, such rites and ceremonies include Saptapadi (jointly taking seven steps by the bride and groom around the fire), which states that the marriage is completed when the seventh step is taken.

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While setting aside the order of summons dated April 21, 2022 and setting aside further proceedings in the complaint case pending in the Mirzapur Court against the wife, the petitioner, the Court has found no dispute in the complaint and in the statements before the Court in relation to Saptapadi. Therefore, this Court is of the opinion that no offense can be charged against the petitioner.

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Later, Satyam filed an application with the higher police officials accusing his wife of second wedding. The application was thoroughly investigated by Circle Officer Sadar Mirzapur and the allegations of second wife against Smriti were found to be false. Satyam then filed a complaint on September 20, 2021 against his wife alleging that he had mentioned her second marriage.

On April 21, 2022, the Magistrate of Mirzapur summoned Smriti. Hence he filed the present petition in the High Court challenging the order of summons and the entire proceedings of the complaint case. Counsel for the petitioner’s wife argued that the complaint and summons issued against the petitioner was nothing but an order in the wake of an FIR lodged against Satyam’s family members.