Marriage Not Invalid Merely Because ‘Saptapadi’ Was Not Performed : Delhi High Court

New Delhi — The Delhi High Court has ruled that a marriage cannot be declared invalid merely because the ritual of Saptapadi (seven steps around the sacred fire) was not performed at the time of the wedding. The Court clarified during the hearing of a petition that if a couple has performed certain ceremonies, started living together, and a child has been born from the union, the marriage cannot be termed invalid.

What Is the Case ?

The petitioner married on June 19, 2016, by exchanging garlands; however, the Saptapadi ritual was not performed during the ceremony. The couple thereafter began living together and had a daughter from the relationship. However, the petitioner argued that he had not been living with his wife since October 2016 and refused to continue cohabitation on the ground that Saptapadi had not been performed.

The petitioner’s wife claimed that she was driven out of her matrimonial home in October 2017. She also contended that the Saptapadi ceremony had indeed taken place during the wedding, but she failed to produce photographic evidence of the ceremony before the Court.

What Does the Hindu Marriage Act Say ?

The High Court analysed the statutory scheme under Section 7 of the Hindu Marriage Act, 1955. Under sub-section (1) of Section 7, a Hindu marriage may be solemnised in accordance with the customary rites and ceremonies of either party, without mandating any specific ritual. Sub-section (2) makes it clear that the performance of Saptapadi is not mandatory in every case to establish a valid marriage.

The Court observed that while Saptapadi is a traditional ritual, it is not an indispensable requirement for the validity of a Hindu marriage under law.