Allahabad HC rules Hindu marriage invalid without ‘saat pheras’ and other rites

PRAYAGRAJ: The Allahabad high court dismissed all aspects of a complaint case where the husband had sought punishment for his estranged wife, alleging that she had solemnised her second marriage without obtaining a divorce from him. The court noted that a Hindu marriage is not valid without the “saptapadi” ceremony (taking seven rounds around the sacred fire) and other rituals.

On September 19, Justice Sanjay Kumar Singh granted a plea submitted by Smriti Singh and stated, “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 wedding is celebrated or performed with proper ceremonies and due form, it cannot be said to be ‘solemnised’. If the wedding is not a valid marriage. 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.”

Section 7 of the Hindu Marriage Act of 1955

The court cited Section 7 of the Hindu Marriage Act of 1955, which states that any partner may have their traditional rites and ceremonies used to solemnise a Hindu wedding. Second, these rites involve a process called “saptapadi,” which completes the wedding when the seventh step is taken.

The complaint case against the petitioner wife was still pending before a Mirzapur court, and the summons order and subsequent proceedings were dismissed. The court stated: “Even there is no averment with regard to ‘saptapadi’ in the complaint as well as in the statements before the court. Hence, no prima-facie offence is made out against the applicants.”

Smriti Singh, the petitioner, wed Satyam Singh in 2017, but because of tense relations, she left her in-laws’ home and filed a FIR alleging harassment for dowry. The police then filed a chargesheet against her spouse and her in-laws following an investigation.

The petitioner-wife also submitted a request for maintenance, which was approved. On January 11, 2021, the principal judge of the family court in Mirzapur ordered the husband to pay Rs 4,000 as support each month till she enters into a new wedding.

On September 20, 2021, the husband filed a new complaint, stating among other things that his wife had sanctified her second wedding. On April 21, 2022, the magistrate summoned the petitioner-wife, who then filed the current petition with the HC.

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