Source: Times of India

Why in News?

Justice Sanjay Kumar Singh observed that Saptapadi and other ceremonies are required for a valid marriage under Section 7(2) of Hindu Marriage Act, 1955 (HMA).

• The Allahabad High Court gave this observation in the case of Smriti Singh Alias Mausami Singh and 3 Others v. State of UP and Another.

What is the Background of Smriti Singh Alias Mausami Singh and 3 Others v. State of U.P. and Another Case?

• The complainant husband filed a complaint stating that he solemnized marriage with the applicant and now she entered into a second marriage without taking divorce from the complainant.
• The applicant said that there was no 'solemnization' of marriage and ceremony of 'Saptapadi' as per Section 7(2) of HMA.
• And contended that without proper solemnization of marriage, the marriage is incomplete hence, charges of bigamy cannot be imposed upon the applicant.

What were the Court’s Observations?

• Allahabad HC observed that where marriage is disputed, it is not enough to find that marriage took place leaving it to be presumed that rites and ceremonies necessary to constitute a legal marriage were performed.
  • In absence of cogent evidence in this regard, it is difficult to hold that the ' Saptapadi ceremony' of the marriage as contended by the complainant was performed so as to constitute a valid marriage between the parties concerned.

What is Section 7 (2) of HMA?

• Legal Framework:
  • As per Sub-section (1), a Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party.
  • As per Sub-section (2), where such rites and ceremonies include the saptapadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken.
• Application:
  • The provision acknowledges the dynamic nature of Hindu customs and traditions.
  • The recognition of customary rites and ceremonies allows for flexibility, acknowledging the diverse practices that exist within the Hindu community.
• Nature:
  • Section 7 of HMA is mandatory in nature, performance of ceremonies is not discretionary to parties.

• State Amendment:

• • Section 7A was added to the existing provision adding certain traditional ceremonies of the State of Madras those are:
    • by each party to the marriage declaring in any language understood by the parties that each takes the other to be his wife or, as the case may be, her husband; or
    • by each party to the marriage garlanding the other or putting a ring upon any finger of the other; or
    • by the tying of the thali.