The Allahabad High Court recently said that the ceremony of kanyadan is not essential for solemnization of a Hindu marriage as per the Hindu Marriage Act.

The court noted that Section 7 of the Act provides only saptpadi (taking of seven steps by bridegroom and bride jointly before the sacred fire) as an essential ceremony of a Hindu marriage.

The order was passed by the court on a criminal revision petition filed by one Ashutosh Yadav, challenging the trial court’s order passed in a criminal case by which the trial court had rejected an application moved by the revisionist under section 311 of the Code of Criminal Procedure (CrPC) for recalling the witnesses.

The petitioner’s counsel submitted that there were some contradictions between the statements given by two witnesses in examination-in-chief and in cross examination, which could only be clarified by re-examination. However, the court noted that discrepancy in the statements of witnesses is no ground for recall of the witnesses under section 311 of CrPcC.

The court observed that in the impugned order, the trial court had recorded the contention of the revisionist that the marriage certificate filed by the prosecution mentioned that the marriage was solemnized per Hindu rites and rituals, however, the fact of the kanyadan ceremony needed to be ascertained, therefore, reexamination was needed.

The High Court asserted that Section 311, CrPC empowers the court to summon any witness in case it is essential for a just decision of the case, however, in the present matter, it appeared that witnesses were being sought to be examined to merely prove whether the ceremony of Kanyadan was performed or not. “Whether the ceremony of Kanyadan was performed or not, would not be essential for the just decision of the case”.”Therefore, a witness cannot be summoned under Section 311 Cr.P.C. for proving this fact,” the High Court said.

Therefore, the court rejected the criminal revision petition.