Until “Saptapadi” is performed, no Hindu marriage is deemed valid: Madhya Pradesh HC

Last Updated on January 22, 2024 by News Desk

Issue:- A plea was filed by 4 petitioners who sought to quash the FIR that was lodged against them for the offenses under section 366, that is abducting or inducing a woman to compel her marriage, section 498 A is cruelty, and section 34 which is the common intention, under the IPC

Background:- It was alleged that the petitioners had abducted the prosecutrix, forcibly brought her to Jabalpur, took her to the HC premises, and made her sign certain documents that were about the marriage of the prosecutrix and petitioner no. 1.

Arguments:- The respondents argued that the marriage was performed between the two individuals was performed as the garlands were exchanged and vermillion was applied. The marriage certificate was also produced, but.

Analysis:– The court said in its order that the counsel was not able to point out any law that had specified the putting of garlands as an acknowledgment of marriage.

The court said that Saptpadi is an important ritual for a valid Hindu marriage.

The court also said that as per the statements of the prosecutrix she was forcibly taken to Jabalpur and was coerced into signing the documents, therefore the contentions that were put into the FIR do make the prima facie case of cognizable offense.

Judgment:- The court noted that the case was not made out and the case was made out just for interference. The case was dismissed by the court.  

Conclusion:- It has been observed by the MP HC that Hindu marriages are not contracted and hence saptpadi is important, otherwise it cannot be said to be a valid marriage.

Case Title:- Ajay Kumar Jain and others vs. State of Madhya Pradesh and others

Written By:- Shianjany Pradhan (@SHIANJANYPRADHAN)