Allahabad HC: Hindu Marriages Are Not Valid Without ‘Rituals’

The Allahabad High Court threw out the entirety of a complaint case where the husband had sought punishment for his estranged wife, alleging that she had solemnized a second marriage without obtaining divorce from him. The court noted that a Hindu marriage was not valid without “Saptapadi” (taking rounds around the sacred fire) and other ceremonies.

“It is well established that the word’ solemnize’ means, in connection with a marriage, to celebrate the marriage with proper ceremonies and in due form,” justice Sanjay Kumar Singh said in granting Smriti Singh’s petition. The marriage cannot be referred to as “solemnized” unless it is celebrated or done with appropriate ceremonies and due form. According to the law that applies to the parties, a marriage is not recognized by the law if it is not a lawful marriage. According to Hindu law, the “Saptapadi” ritual is one of the prerequisites for a legal marriage, but in the present instance, there isn’t any such proof.

The court also cited Section 7 of the Hindu Marriage Act of 1955, which states that either partner in a Hindu marriage may have their customary rituals and ceremonies followed in the solemnization of the union. Second, during such rituals and ceremonies, the bridegroom and bride take seven steps around a sacred fire together. When the seventh step is taken, the marriage is declared to be final and binding.

“Even though there is no averment with regard to ‘Saptapadi’ in the complaint as well as in the statements before the court, therefore, this court is of the view that no prima facie offense is made against the applicants as the allegation of second marriage is a bald allegation without corroborative materia,” the court stated while quashing the summoning order dated April 21, 2022, and further proceedings of the complaint case currently pending before Mirzapur court.

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Smriti Singh, the petitioner, wed Satyam Singh in 2017, but because of tense interactions, she fled her in-laws’ home and filed a police report alleging harassment for dowry. The police then filed a charge sheet against the husband and the wife after conducting an investigation.