Allahabad High Court: The Allahabad High Court has annulled the proceedings in a case where a man claimed that his divorced wife had solemnised second marriage without divorcing him, noting that a Hindu marriage is not legitimate without the “Saptapadi” ceremony and other procedures.
Allahabad High Court’s Interpretation of Ceremony and Legality
When granting a petition submitted by Smriti Singh, Justice Sanjay Kumar Singh stated, “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.”
Court’s Stance on ‘Saptapadi’ Ceremony in Hindu Law
Court said in a recent order that, “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.”
Understanding Customary Rituals and the ‘Saptapadi’ Ceremony
The court also cited Section 7 of the Hindu Marriage Act of 1955, which states that either partner to a Hindu marriage may have their customary rituals and ceremonies followed in the solemnization of the union. Second, during such rituals and ceremonies, the bride and groom take seven steps around a sacred fire together, known as the “Saptapadi,” which, after the seventh step is taken, declares the marriage to be final and binding.
Court Rejects Second Marriage Allegation Due to Lack of Evidence
“Even there is no averment with regard to ‘Saptapadi’ in the complaint as well as in the statements before the court, hence, this court is of the view that no prima-facie offence is made out against the applicant as the allegation of second marriage is a bald allegation without corroborative materials,” the court stated in its order quashing the summoning order dated April 21, 2022 and further proceedings of the complaint case currently pending before a Mirzapur court against the wife, the petitioner.
From Dowry Harassment Allegations to Bigamy Accusations
Smriti Singh, the petitioner, wed Satyam Singh in 2017, however because of tense interactions, she fled the in-laws’ home and filed a FIR alleging harassment for dowry. The police filed a charge sheet against the spouse and the in-laws after conducting an investigation. Later, Satyam filed a complaint with higher-ups in the police department accusing his wife of bigamy. The circle officer Sadar, Mirzapur, extensively reviewed the aforementioned application and determined that Smriti was not guilty of the alleged bigamy.
Smriti Singh’s Petition Challenges Bigamy Allegations in High Court
After thereafter, on September 20, 2021, Satyam filed a complaint against his wife, alleging among other things that she had legalised her second marriage. Smriti was called into court on April 21, 2022 by the relevant Mirzapur magistrate. In order to challenge the summons order and the entirety of the complaint case processes, she filed the current petition with the high court. The petitioner-wife’s attorney said that the aforementioned complaint and summoning order are merely a counter-case against the applicant due to the FIR she filed against Satyam’s family members.
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