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HomeIndiaHindu marriage is not valid without 'saat pheras', says Allahabad High Court

Hindu marriage is not valid without ‘saat pheras’, says Allahabad High Court

Representational Picture/ Pexels.

A Hindu marriage just isn’t legitimate with out ‘Saptapadi’ ceremony and different rituals, the Allahabad Excessive Court docket noticed, quashing the proceedings of a case the place a person alleged that his estranged spouse had solemnized second marriage with out divorcing him.

The phrase ‘Saptapadi’ or ‘saat pheras’ interprets from Sanskrit to ‘seven steps’. The bride and groom take seven full circles, strolling clockwise across the agni, representing the seven ideas and guarantees they make to one another; every step is known as a ‘phere’.

Permitting a petition filed by Smriti Singh, Justice Sanjay Kumar Singh noticed, It’s effectively settled that the phrase ‘solemnize’ means, in reference to a wedding, to have a good time the wedding with correct ceremonies and in due type. Except the wedding is widely known or carried out with correct ceremonies and due type, it can’t be stated to be solemnized.”

If the wedding just isn’t a sound marriage, in line with the legislation relevant to the events, it isn’t a wedding within the eyes of legislation.

“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 docket stated in a latest order.

The court docket additionally relied on the part 7 of Hindu Marriage Act, 1955, which gives {that a} Hindu marriage could also be solemnized in accordance with the customary rites and ceremonies of both occasion thereto. Secondly, such rites and ceremonies embrace the ‘Saptapadi’ (taking seven steps by groom and bride collectively across the sacred hearth), which makes the wedding full and binding when the seventh step is taken.

Whereas quashing the summoning order dated 21 April, 2022, and additional proceedings of criticism case pending earlier than a Mirzapur court docket towards the spouse, the court docket stated, “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.”

The marriage of petitioner Smriti Singh was solemnized with Satyam Singh in 2017 however as a result of acrimonious relations, she left the home of in-laws and lodged an FIR alleging harassment for dowry. After investigation, the police submitted a cost sheet towards the husband and in-laws.

Later, Satyam gave an software to larger police officers making allegation of bigamy towards his spouse. The stated software was totally investigated by the circle officer Sadar, Mirzapur and allegations of bigamy towards Smriti was discovered to be false.

Thereafter, Satyam filed a criticism case on 20 September, 2021, towards his spouse making allegations inter-alia that she had sanctified her second marriage. The Justice of the Peace involved of Mirzapur on 21 April, 2022, summoned Smriti. Therefore she filed the current petition earlier than the excessive court docket difficult the summoning order and your entire proceedings of criticism case.

The counsel for the petitioner-wife contended that aforesaid criticism and summoning order is nothing however a counter-case towards applicant on account of FIR lodged by her towards Satyam’s members of the family.

With inputs from PTI

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