Allahabad High Court Makes Seven Vows Essential for Valid Hindu Marriages -

The court also relied on the section 7 of 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

The Allahabad High Court has pronounced a legal opinion, affirming that the legal validity of a Hindu marriage hinges upon the observance of the ‘Saptapadi’ ritual and its associated customary practices. This proclamation was delivered within the specific context of a case where a petitioner alleged that their estranged spouse had entered into a subsequent matrimonial union without effecting a lawful dissolution of their prior marriage through formal divorce proceedings. Consequently, the court, in accordance with this established legal doctrine, dismissed the petitioner’s assertions.

Allowing a 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 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 took into consideration the provisions of Section 7 of the Hindu Marriage Act, 1955. This section, in essence, allows for the incorporation of the customs and traditions of either party involved in a Hindu marriage. One such customary practice is the ‘Saptapadi,’ wherein the bride and groom jointly take seven symbolic steps around a consecrated fire. Upon the culmination of these seven steps, their marriage is legally recognized as formally concluded.

The Allahabad High Court, in its pronouncement, has affirmed that the absence of the ‘Saptapadi’ ceremony and other customary rites renders a Hindu marriage legally void. In accordance with this legal doctrine, the court has dismissed the proceedings in a case wherein the petitioner alleged that his estranged wife had contracted a subsequent marriage without obtaining a formal divorce from him.

Additionally, the court made reference to Section 7 of the Hindu Marriage Act, 1955, which explicitly states that a Hindu marriage may be solemnized in accordance with the customary rites and ceremonies observed by either party thereto. These rites and ceremonies notably encompass the ‘Saptapadi,’ a ritual in which the groom and bride jointly take seven steps around the sacred fire. It is worth noting that upon the completion of the seventh step, the marriage is legally recognized as complete and binding.

While quashing the summoning order dated April 21, 2022 and further proceedings of 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”.

In 2017, Smriti Singh got married to Satyam Singh. Later on, due to problems in their relationship, Smriti left her in-laws’ house and filed a complaint accusing Satyam Singh and his family of mistreating her for dowry. The police investigated and charged Satyam Singh and his family.

At a later point, Satyam Singh accused Smriti of marrying someone else while still being married to him. This accusation was thoroughly investigated by the Circle Officer Sadar in Mirzapur, who found it to be untrue.

Then, on September 20, 2021, Satyam Singh filed a complaint against Smriti, claiming that she had agreed to a second marriage. In response, a magistrate in Mirzapur issued a summons to Smriti on April 21, 2022. As a result, Smriti filed a petition with the high court, challenging both the summons and the entire complaint.

Smriti’s lawyer argued that this complaint and the summons were essentially in retaliation for a previous complaint filed by Smriti against Satyam’s family.