Stating that a Hindu marriage is not valid without ‘Saptapadi’ ceremony and other rituals, the Allahabad High Court has quashed the proceedings of a case in which a man alleged that his estranged wife solemnised a second marriage without divorcing him.
“It is well settled that the word ‘solemnize’ means, in connection with a marriage, to celebrate the marriage with proper ceremonies and in due form. Unless the marriage is celebrated or performed with proper ceremonies and due form, it cannot be said to be solemnised,” the court said.
“If the marriage is not a valid marriage, according to the law applicable to the parties, it is not a marriage in the eyes of law. The ‘Saptapadi’ ceremony under the Hindu Law is one of the essential ingredients to constitute a valid marriage but the said evidence is lacking in the present case,” it added.
While quashing the summoning order dated April 21, 2022 and further proceedings of the complaint case pending before a Mirzapur court against the wife, the petitioner, the court said, “Even there is no averment with regard to ‘Saptapadi’ in the complaint as well as in the statements before the court, hence, this court is of the view that no prima-facie offence is made out against the applicant as the allegation of second marriage is a bald allegation without corroborative materials”.
Petitioner Smriti Singh and Satyam Singh got married in 2017, but the wife left the house of in-laws and lodged an FIR alleging harassment for dowry.
Later, Satyam gave an application to higher police officials, alleging bigamy against his wife. The said application was thoroughly investigated by the circle officer Sadar, Mirzapur, and allegations of bigamy against Smriti were found to be false.
Thereafter, Satyam filed a complaint on September 20, 2021, against his wife, alleging that she had sanctified her second marriage. Smriti was summoned by the Mirzapur magistrate on April 21, 2022. Thereafter, she filed the present petition before the High Court, challenging the summoning order and the entire proceedings of the complaint case.
