Hindu marriage is not valid without ‘Saptapadi’ and other rituals : Allahabad High Court

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Prayagraj (UP) – The Allahabad High Court has noted an important observation that Hindu marriage is not valid without ‘Saptapadi’ and other rituals. Justice Sanjay Kumar Singh noted this observation while hearing a family matter. The High Court quashed the entire proceedings of a case in which the husband had alleged that his estranged wife remarried without divorcing him.

(Credits:CNN-News 18)

1. Petitioner Smriti Singh was married to Satyam Singh in 2017. Shortly after the marriage, Smriti lodged a complaint with the Police alleging harassment by the in-laws for dowry. She also left her husband’s house. After investigation, the Police filed a chargesheet against the husband and in-laws.
2. In January 2021, the Mirzapur Family Court ordered Satyam to pay Rs 4,000 per month to his wife as alimony. The Court ordered that alimony be paid until the wife remarries.
3. Satyam approached the Varanasi District Court alleging that his wife had remarried.
4. In September 2021, the Lower Court summoned Smriti. Smriti approached the High Court against this action.
5. While hearing Smriti Singh’s case, Justice Sanjay Kumar Singh observed, ‘It is well settled that the word ‘solemnize’ means, in connection with a marriage, to celebrate the marriage with proper ceremonies and in due form. Unless the marriage is celebrated or performed with proper ceremonies and due form, it cannot be said to be solemnized. If the marriage is not a valid marriage, according to the law applicable to the parties, 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 but the said evidence is lacking in the present case’, clarified the Court and dismissed allegations made by the husband.