Hindu marriage is not valid without 'saat pheras', says Allahabad High Court

-

A Hindu marriage is not valid without ‘Saptapadi’ ceremony and other rituals, the Allahabad High Court observed, quashing the proceedings of a case where a man alleged that his estranged wife had solemnized second marriage without divorcing him.

The word ‘Saptapadi’ or ‘saat pheras’ translates from Sanskrit to ‘seven steps’. The bride and groom take seven full circles, walking clockwise around the agni, representing the seven principles and promises they make to each other; each step is referred to as a ‘phere’.

Allowing a petition filed by Smriti Singh, Justice Sanjay Kumar Singh observed, 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.”

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 relied on the section 7 of Hindu Marriage Act, 1955, which provides that a Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto. Secondly, such rites and ceremonies include the ‘Saptapadi’ (taking seven steps by groom and bride jointly around the sacred fire), which makes the marriage complete and binding when the seventh step is taken.

While quashing the summoning order dated 21 April, 2022, and further proceedings of complaint case pending before a Mirzapur court against the wife, the court said, “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 wedding of petitioner Smriti Singh was solemnized with Satyam Singh in 2017 but due to acrimonious relations, she left the house of in-laws and lodged an FIR alleging harassment for dowry. After investigation, the police submitted a charge sheet against the husband and in-laws.

Later, Satyam gave an application to higher police officials making allegation of bigamy against his wife. The said application was thoroughly investigated by the circle officer Sadar, Mirzapur and allegations of bigamy against Smriti was found to be false.

Thereafter, Satyam filed a complaint case on 20 September, 2021, against his wife making allegations inter-alia that she had sanctified her second marriage. The magistrate concerned of Mirzapur on 21 April, 2022, summoned Smriti. Hence she filed the present petition before the high court challenging the summoning order and the entire proceedings of complaint case.

The counsel for the petitioner-wife contended that aforesaid complaint and summoning order is nothing but a counter-case against applicant on account of FIR lodged by her against Satyam’s family members.

With inputs from PTI



from Firstpost India Latest News https://ift.tt/Fw3xW8p
FP Staff

Comments

Post a Comment

Popular posts from this blog

Both COVID-19 vaccine doses needed for good protection against B16172 variant

-
It’s been a concerning few weeks in the UK, with the B16172 variant first taking hold and then spreading to become dominant. This more infectious form of the virus, initially identified in India, is what we’re now going to have to live with – unless it is out-competed by another variant in the future. Worryingly, experts had predicted that B16172 might be able to escape some of the effects of vaccines, which if true would threaten to derail the UK’s plans to finish lifting restrictions from the end of June. However, Public Health England (PHE) has looked at the ability of various variants to evade immunity and says that the UK’s vaccines remain effective against the variants circulating, including B16172. On the surface, this looks like good news. But delve a bit deeper, and things get more complicated, says Paul Hunter, professor of medicine at the University of East Anglia. PHE’s research found a little drop-off in protection against B16172 among people who were fully vaccinated.
Read more

New coronavirus variant emerge in India: How should our COVID response change?

-
Image
After genome sequencing of over 10,000 COVID-19 cases in India, researchers have discovered a new variant with two new mutations which may be better at evading the immune system. In 15-20 percent of samples from the Indian state of Maharashtra (the state accounting for 62 percent of cases in the country) a new, double mutation in key areas of the virus has been detected. These are now known as the E484Q and L452R mutations. What makes the variant different? Both these mutations are concerning because they are located in a key portion of the virus – the spike protein – that it uses to penetrate human cells. Spike proteins attach via a “receptor binding domain”, meaning the virus can attach to receptors in our cells. These new mutations include changes to the spike protein that make it a “better fit” for human cells. This means the virus can gain entry more easily and multiply faster. Given what we have seen with other similar mutations , it might also make it harder for our immu
Read more

Aditya L1 Mission: Spacecraft is nearing its final phase, says ISRO chief

-
Aditya L1 spacecraft is nearing its final phase, and manoeuvres to enter the L1 point are expected to be completed by January 7, 2024, according to ISRO Chairman S Somanath. “Aditya is on the way. I think it has reached almost its final phase,” the ISRO chief told PTI on the sidelines of an event organised at VSSC to commemorate the 60th year of the First Sounding Rocket Launch. Aditya L1, India’s first space-based mission to study the Sun, was successfully launched on September 2 from the Satish Dhawan Space Centre (SDSC) in Sriharikota. The spacecraft, after travelling about 1.5 million km from Earth over 125 days, is expected to be placed in a Halo orbit around the Lagrangian point L1, considered closest to the Sun. He said that the last preparations for the spacecraft’s entry into the L1 point are currently underway incrementally.”Possibly by January 7th, the final manoeuvres will be done for entering into the L1 point,” Somanath added. Among other tasks, it will capture and tr
Read more