Losing sight of a moral compass
Majoritarian logic has no place in a plural society, argue Shivanshu K Srivastava and Nupur Chaurasiya
The Allahabad High Court has emphasized that a Hindu wedding is considered incomplete without the sacred ‘Saat Pheras’ or ‘Saptapadi’ ceremony, asserting the significance of customary rites and rituals in Hindu marriages.
The court’s ruling came during the proceedings of a case where a man alleged that his estranged wife had entered into a second marriage without obtaining a divorce from him.
Advertisement
In this context, the court referred to Section 7 of the Hindu Marriage Act, 1955, which stipulates that a Hindu marriage can be solemnized in accordance with the customary rites and ceremonies of either party involved.
Advertisement
Justice Sanjay Kumar Singh, presiding over the case, noted that the term ‘solemnize’ in connection with a marriage implies celebrating the union with proper ceremonies and in due form. Without the marriage being conducted in this manner, it cannot be considered as solemnized or valid.
The court upheld Smriti Singh’s argument. It declared that her marriage to Satyam Singh in 2017 lacked the ‘Saat pheras’ ceremony under Hindu Law.
This omission rendered the marriage invalid in the eyes of the law. The case originated when Smriti Singh left her in-laws’ residence due to strained relations. Subsequently, she filed an FIR alleging dowry harassment.
After conducting a police investigation, the petitioner-wife submitted a charge sheet against her husband and in-laws. Subsequently, she applied for maintenance through the court.
The principal judge of the family court in Mirzapur granted her request for maintenance on January 11, 2021. They directed the husband to pay Rs 4,000 per month until her remarriage. This decision aligns with the court’s stance on the essentiality of customary marriage ceremonies. The court emphasized the need to adhere to traditional Hindu marriage rituals for the legal validity of a union.
Advertisement
