Key Points
The court said unless the marriage was celebrated or performed with proper ceremonies and due form, it could not be said to be solemnized..
PRAYAGRAJ: Observing that a Hindu marriage was not valid without Saptapadi (taking rounds around the sacred fire) and other ceremonies, the Allahabad High Court quashed the entire proceedings of a complaint case, where the husband had sought punishment for his estranged wife, alleging that she had solemnised second marriage without obtaining divorce from him.n)..
The Saptapadi ceremony under the Hindu law is one of the essential factors to constitute a valid marriage but the said evidence is lacking in the present case. . The court also relied on section 7 of Hindu Marriage Act, 1955, which provides that a Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto..
While quashing the summoning order dated April 21, 2022 and further proceedings of complaint case pending before Mirzapur court against the petitioner wife, 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 applicants as the allegation of second marriage is a bald allegation without corroborative materials..
Thereafter, the husband filed a complaint on September 20, 2021 against the petitioner wife alleging offence under sections 494 and 109 I.P.C. making allegations inter-alia that she had sanctified her second marriage..
