Source: Madhya Pradesh High Court

Why in News?

Recently, the High Court of Madhya Pradesh in the matter of Ajay Kumar Jain and Ors. v. State of Madhya Pradesh and Ors., has held that in Hindu Law the marriage is not considered as a valid marriage unless and until the saptapadi is performed.

What was the Background of Ajay Kumar Jain and Ors. v. State of Madhya Pradesh and Ors. Case?

• In this case, it has been a complaint has been lodged that the petitioners have abducted the prosecutrix/victim, forcibly bringing her to Jabalpur.
• Subsequently, they took her to the High Court premises and coerced her into signing specific documents pertaining to the marriage of the victim with one of the petitioners.
• Thereafter, the petitioners have filed a petition under Article 226 of the Constitution of India, 1950 (COI) for quashing of the proceedings.
• The counsel for the petitioners stated that a marriage had been performed by following the ritual of exchange of garland (Varmala) and filling up of Maang with vermilion (Sindoor).
• The High Court dismissed the petition.

What were the Court’s Observations?

• Justice Gurpal Singh Ahluwalia observed that in Hindu Law, the marriage is not a contract and unless and until saptapadi is performed, there cannot be said to be a valid marriage. So, the Court emphasized on the importance of performance of Saptapadi for a valid Hindu marriage
• The Court further noted that counsel for petitioners could not point out any provision of law which acknowledges the performance of marriage by exchange of garland (Varmala).

What is Saptapadi?

About:

• Saptapadi, which generally means taking seven steps around the holy fire under the mandap at the time of marriage, is a fundamental and common ceremony performed among various Hindu communities.
• The marriage will be considered complete and valid upon the completion of the seventh round around the holy fire.

Relevant Legal Provision:

• Section 7 of the Hindu Marriage Act, 1955 (HMA), talks about the ceremonies of a Hindu marriage. It states that -

(1) A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.

(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.

Case Law:

• In the case of Smriti Singh & Ors v. State U.P & Ors. (2023), the Allahabad High Court highlighted the significance of Saptapadi, where the bride and groom jointly take seven steps around the sacred fire, completing and binding the marriage when the seventh step is taken.