Prayagraj:
Allahabad High Court has said in a case that Hindu marriage is not valid without seven rounds and other rituals. The High Court quashed the entire proceedings of a complaint case in which a husband had alleged that his wife had remarried without obtaining a divorce and hence he should be punished. Accepting the petition of a woman named Smriti Singh, Justice Sanjay Kumar Singh said, “It is a settled rule that unless a marriage is solemnized in a proper manner, it is not considered solemnized.”
The High Court said, “If a marriage is not valid then it is not a marriage in the eyes of law. Saptapadi, under Hindu law, is an essential ingredient of a valid marriage, but this evidence is lacking in the present case.” The High Court relied on Section 7 of the Hindu Marriage Act, 1955, which states that a Hindu marriage must be solemnized with full rituals, including Saptapadi (seven rounds of the fire by the bride and groom as a witness to the sacred fire) making the marriage complete. Is.
The High Court canceled the order of April 21, 2022 of the Mirzapur court under which summons was issued to Smriti Singh. The High Court said, “There is no mention of Saptapadi in the complaint. Therefore, in the view of this Court, no criminal case is made out against the applicant as the allegation of second marriage is baseless.” According to the facts, petitioner Smriti Singh was married to a man named Satyam Singh in 2017. But due to bitter relations, Smriti left her in-laws’ house and filed an FIR alleging harassment for dowry. After investigation, the police filed a charge sheet against the husband and in-laws.
Later, the husband submitted an application to higher police officials accusing his wife of committing a second marriage. On the basis of this application, a detailed investigation was conducted by the Sadar Officer of Mirzapur and the allegation of second marriage was found to be false. After this, the husband filed a complaint against his wife before the concerned magistrate of Mirzapur on September 20, 2021 and accused her of marrying him for the second time. The magistrate issued summons to the petitioner on April 21, 2022. Therefore, Smriti Singh challenged this summons and the entire proceedings of the complaint case in the High Court.
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