The court also cited Section 7 of the Hindu Marriage Act of 1955, which states that either partner to a Hindu marriage may perform the traditional rites and ceremonies of the other.
Digital Desk: The Allahabad High Court has quashed the proceedings in a case where a man claimed that his estranged wife had solemnised a second marriage without divorcing him, noting that a Hindu marriage is not legitimate without the "Saptapadi" ceremony and other procedures.
"It is well established that the word'solemnise' means, in connection with a marriage, to celebrate the marriage with proper ceremonies and in due form. Marriage cannot be said to as being solemnised unless it is celebrated or done in accordance with correct rituals and due form," Justice Sanjay Kumar Singh said in granting a plea brought by Smriti Singh.
“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,” the court said in a recent order.
The court also cited Section 7 of the Hindu Marriage Act of 1955, which states that either partner to a Hindu marriage may perform the traditional rites and ceremonies of the other. 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.
"Even there is no averment with regard to 'Saptapadi' in the complaint as well as in the statements before the court, therefore this court is of the view that no prima-facie offense is made out against the applicant as the allegation of second marriage is a bald allegation without corroborative evidence," 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.
The petitioner Smriti Singh married Satyam Singh in 2017, however, because of acrimonious relations, she left the in-laws' home and filed an FIR alleging harassment for dowry. After an inquiry, the police filed charges against the spouse and the in-laws.
Later, Satyam filed a complaint with higher-ranking police authorities alleging bigamy against his wife. The circle officer Sadar, Mirzapur, extensively reviewed the aforementioned application and discovered that Smriti was not guilty of the alleged bigamy.
Following that, Satyam filed a complaint case against his wife on September 20, 2021, alleging accusations that she had legalised her second marriage. Smriti was called by the concerned Mirzapur magistrate on April 21, 2022. She then filed the current petition before the high court, objecting to the summoning order as well as the entire complaint case process. In response to the FIR she filed against Satyam's family members, the petitioner-wife's attorney claimed that the aforementioned complaint and summoning order were only a counter-case against the applicant.
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