Allahabad HC: Hindu Marriages Require Rituals for Validity

The Allahabad High Court has made a significant ruling, asserting that Hindu marriages lack validity without the performance of essential rituals, including the 'Saptapadi' ceremony. In a recent decision, the court quashed proceedings in a case where a man accused his estranged wife of contracting a second marriage without divorcing him.

Ruling on the Importance of Proper Ceremony

Justice Sanjay Kumar Singh, while allowing a petition filed by Smriti Singh, emphasized the significance of celebrating a marriage with proper ceremonies and due form. The court stated that the term "solemnize," concerning a marriage, implies the celebration of the union in accordance with established rituals. Without such adherence to proper ceremonies and due form, a marriage cannot be considered solemnized.

No Valid Marriage Without Essential Rituals

The court further stressed that if the marriages do not conform to the applicable legal requirements, they are not legally recognized as valid marriages. In this context, the 'Saptapadi' ceremony under Hindu Law holds particular importance as an essential component for the validity of a marriage. However, the court noted the absence of evidence supporting the performance of this ceremony in the case at hand.

Relevance of the Hindu Marriage Act, 1955

The court based its ruling on Section 7 of the Hindu Marriage Act, 1955, which specifies that a Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party involved. These customs and ceremonies include the 'Saptapadi,' where the bride and groom jointly take seven steps around a sacred fire. The marriage is considered complete and binding upon taking the seventh step.

Quashing of Complaint and Summoning Order

In response to the husband's complaint alleging bigamy, the court quashed the summoning order dated April 21, 2022, and the subsequent proceedings of the complaint case pending before a Mirzapur court against the wife, Smriti Singh. The court concluded that the allegation of a second marriage lacked corroborative evidence and was a mere bald accusation.

Background of the Case

The petitioner, Smriti Singh, had initially filed an FIR alleging dowry harassment after leaving her in-laws' house due to strained relations. Subsequently, her husband, Satyam Singh, accused her of bigamy, leading to a complaint case. Investigations revealed the allegations of bigamy to be unsubstantiated, prompting the quashing of the complaint and summoning order by the Allahabad High Court.

A Counter-Case in Response to FIR

The petitioner's counsel argued that the complaint and summoning order were retaliatory actions in response to the FIR lodged by Smriti against Satyam's family members.

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