Hindu marriage invalid without 'Saptapadi,' other rituals: Allahabad HC

Allahabad High Court has ruled out that Hindu marriages are invalid without ‘Saptapadi’ as well as other sacred ceremonies. Allowing the petition filed by Smriti Singh, the court 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’. 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 also cited Section 7 of the Hindu Marriage Act of 1955, which clarifies that either partner to a Hindu marriage should have their customary rituals and ceremonies followed in the solemnization of the union. Essentially, the court ruled that the alleged second marriage of the woman couldn’t be considered solemnised because essential Hindu rituals like Saptapadi were not conducted. It proclaimed, “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 applicants as the allegation of second marriage is a bald allegation without corroborative materials.” The petitioner Smriti Singh married Satyam Singh in 2017, however, following a strained relationship, she fled her in-laws’ residence and submitted a First Information Report which charged harassment for dowry.