The Madhya Pradesh High Court noted: according to Hindu law, marriage is not considered a contractual agreement, and a valid marriage is only established once the Saptapadi ritual has been conducted.
Jabalpur: The Madhya Pradesh High Court has declared that in Hindu law, a marriage is not considered valid unless the ‘Saptapadi’ ritual is performed. This observation came from Justice Gurpal Singh Ahluwalia while dismissing a plea filed by four petitioners seeking to quash an FIR lodged against them under Sections 366 (abducting or inducing a woman to compel her marriage), 498-A (cruelty), and 34 (common intention) of the Indian Penal Code (IPC).
The case involved allegations against the petitioners for abducting the prosecutrix/victim and forcibly bringing her to Jabalpur. It was further alleged that they coerced her into signing marriage-related documents at the High Court premises, involving petitioner no. 1. The petitioners argued that a valid marriage had occurred between the victim and petitioner no. 1, citing the performance of rituals like the exchange of garlands (Varmala) and the application of vermilion (Sindoor). They also presented a marriage certificate to support their claim.
However, the court noted that the counsel for the petitioners failed to cite any legal provision recognizing a marriage solely based on the exchange of garlands (Varmala). The court emphasized the crucial role of the ‘Saptapadi’ ritual in constituting a valid Hindu marriage. Consequently, the court rejected the argument that petitioner no. 1 and the prosecutrix were a validly married couple, especially in light of the victim’s statement regarding her abduction.
The court observed that the allegations in the FIR, including the forcible transportation of the prosecutrix to Jabalpur and coercion into signing documents, prima facie constituted a cognizable offense. The court further stated,
“Even otherwise, it is a well-established principle of law that this Court in exercise of power under Section 482 of Cr.P.C./ Article 226/227 of the Constitution of India should not kill an unborn baby and should not bring the investigation to a halt and by restraining the respondents/ Police from collecting the evidence.”
Under these circumstances, the Madhya Pradesh High Court found no grounds for interference and dismissed the petition. This case, highlights the importance of adhering to traditional rituals in determining the validity of Hindu marriages and underscores the court’s role in upholding these cultural norms within the legal framework.
Case title-
Ajay Kumar Jain and others vs. State of Madhya Pradesh and others
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