The Allahabad High Court recently ruled in favor of petitioner Smriti Singh, quashing the proceedings of a case where her estranged husband alleged she had entered into a second marriage without divorcing him. Justice Sanjay Kumar Singh, in the order, highlighted the essential role of the 'Saptapadi' ceremony in Hindu marriages, emphasizing that without proper ceremonies and due form, a marriage cannot be considered valid, PTI reoprted.
The court referred to Section 7 of the Hindu Marriage Act, 1955, which outlines that a Hindu marriage should be solemnized according to the customary rites and ceremonies of either party involved. The 'Saptapadi,' involving the bride and groom taking seven steps around the sacred fire, is a crucial element completing the marriage according to Hindu Law.
Advertisement
In this case, the court found no mention of the 'Saptapadi' ceremony in the complaint or statements before the court, concluding that no prima facie offense was established. The court further noted that the allegation of a second marriage was unsubstantiated and lacked corroborative materials.
Smriti Singh's marriage to Satyam Singh in 2017 had soured, leading to her lodging an FIR against her in-laws for dowry harassment. Subsequently, a charge sheet was filed against Satyam and his family. Satyam, in turn, alleged bigamy against Smriti, but a thorough investigation revealed the accusations to be false. Despite this, Satyam filed a complaint case in 2021, accusing Smriti of sanctifying her second marriage.
Advertisement
The High Court, while quashing the summoning order and proceedings, viewed the complaint as a counter-case against Smriti in response to the FIR she had previously filed against Satyam's family members. The court's decision reaffirms the importance of adhering to traditional ceremonies in Hindu marriages for their legal validity.
