 "Allahabad High Court, HC, high court, Allahabad")
A Hindu marriage is not valid without the 'Saptapadi' ceremony and other rituals, stated the Allahabad High Court, while quashing the proceedings of a case in which a man claimed that his estranged wife had entered into a second marriage without first divorcing him.
The term 'Saptapadi' or 'saat pheras' is derived from Sanskrit and translates to 'seven steps'. The bride and groom complete seven full circles, walking clockwise around the sacred fire, or 'agni', to signify the seven principles and vows they make to each other. Each of these circles is referred to as a 'phere'.
Court's Order in the Case
Upon reviewing a petition filed by Smriti Singh, Justice Sanjay Kumar Singh noted, "It is well established that the term 'solemnise' implies, in the context of marriage, the celebration of the marriage with appropriate ceremonies and due form. It cannot be considered solemnised unless the marriage is performed with these proper ceremonies and due form."
If a marriage is not valid according to the law applicable to the parties involved, then it is not recognised as a marriage in the eyes of the law.
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"The 'Saptapadi' ceremony under Hindu Law is an essential element for constituting a valid marriage, but such evidence is missing in the present case," the court elaborated in a recent ruling.
The court also referenced Section 7 of the Hindu Marriage Act, 1955, which indicates that a Hindu marriage may be solemnised following the customary rites and ceremonies of either party. Additionally, such rites and ceremonies should include the 'Saptapadi' (taking seven steps by the bride and groom jointly around the sacred fire), which renders the marriage complete and binding upon the completion of the seventh step.
While nullifying the summoning order dated April 21, 2022, and further proceedings of the complaint case pending before a Mirzapur court against the wife, the court stated, "There is no specific allegation concerning the 'Saptapadi' in the complaint or in the statements submitted before the court; therefore, this court believes that no prima-facie offence has been established against the applicant, as the claim of a second marriage lacks supporting evidence."
Background of the Case
The marriage of petitioner Smriti Singh to Satyam Singh was solemnised in 2017. Due to strained relations, she left her in-laws' home and filed a First Information Report (FIR) alleging harassment for dowry. Subsequent to an investigation, the police filed a charge sheet against the husband and his family.
Later, Satyam submitted an application to higher-ranking police officials, accusing his wife of bigamy. This claim was thoroughly investigated by the Circle Officer of Sadar, Mirzapur, and the allegations against Smriti were found to be unfounded.
Satyam later filed a complaint on September 20, 2021, alleging that his wife had entered into a second marriage.
On April 21, 2022, a Mirzapur magistrate summoned Smriti, prompting her to file the current petition before the high court, challenging both the summoning order and the overall proceedings of the complaint case.
The legal counsel for the petitioner-wife argued that the aforementioned complaint and summoning order are merely retaliatory actions based on the FIR she had earlier filed against her husband and his family.
