The Allahabad High Court has made a significant ruling that a Hindu marriage is not considered valid without the ‘Saptapadi’ ceremony and other customary rituals. This decision came in response to a case where a man alleged that his estranged wife had entered into a second marriage without obtaining a divorce from him.

Justice Sanjay Kumar Singh, while allowing a petition filed by Smriti Singh, emphasized that the term ‘solemnize’ in connection with a marriage implies celebrating the marriage with proper ceremonies and in the correct form. Without the marriage being conducted with proper ceremonies and due form, it cannot be considered solemnized.

The court underlined that if a marriage is not valid according to the applicable law, it is not legally recognized as a marriage. In Hindu law, the ‘Saptapadi’ ceremony is one of the essential elements required to constitute a valid marriage, and the absence of such evidence renders the marriage invalid.

The court also referred to Section 7 of the Hindu Marriage Act, 1955, which states that a Hindu marriage can be solemnized in accordance with the customary rites and ceremonies of either party. These rites and ceremonies encompass the ‘Saptapadi,’ where the bride and groom jointly take seven steps around the sacred fire, signifying the completion and binding nature of the marriage when the seventh step is taken.

In quashing the summoning order and further proceedings of a complaint case against the wife, the court concluded that there was no mention of the ‘Saptapadi’ ceremony in the complaint or statements before the court. Therefore, the court found no prima facie offense against the applicant, as the allegation of a second marriage lacked corroborative evidence.

The case involved petitioner Smriti Singh, whose wedding with Satyam Singh took place in 2017. Due to acrimonious relations, she left her in-laws’ house and filed an FIR alleging harassment for dowry. Following an investigation, the police filed a charge sheet against the husband and in-laws.

Subsequently, Satyam accused his wife of bigamy, but a thorough investigation found these allegations to be false. Despite this, Satyam filed a complaint case against his wife, claiming she had sanctioned her second marriage. The Magistrate summoned Smriti, leading her to challenge the summoning order and the entire proceedings before the high court.

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