Hindu marriage not valid without 'saat pheras': Allahabad High Court

An Indian High Court stated in the latest proceedings that a Hindu marriage is not valid without the ‘saat pheras’ ceremony and other rituals. The Allahabad High Court said in reply to a case in which a man claimed that his estranged wife had entered into a second marriage without divorcing him first.

With this, the bench of Justice Sanjay Kumar Singh allowed a petition filed by one Smriti Singh challenging the entire proceedings of a complaint filed against her by her husband under IPC Sections 494 (Bigamy) and 109 (Punishment of abetment).

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Hindu marriage invalid unless ‘saat pheras’ are performed

The term 'Saptapadi' or 'saat pheras' is derived from Sanskrit and translates to 'seven steps'. In Hindu marriage, the bride and groom complete seven full circles, walking clockwise around the sacred fire, or 'agni', to signify the seven principles and vows they make to each other. Each of these circles is referred to as a 'phera' and is one of the most important rituals of a Hindu wedding.

Section 7 of the Hindu Marriage Act, 1955 indicates that a Hindu marriage may be solemnised following the customary rites and ceremonies of either party.

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What was the case?

The petitioner Smriti Singh married Satyam Singh in 2017. Due to strained relations, she left her in-laws' home and filed an FIR alleging harassment for dowry. Subsequent to an investigation, the police filed a charge sheet against the husband and his family.

Later, Satyam submitted an application to higher-ranking police officials, accusing his wife of bigamy. This claim was thoroughly investigated by the Circle Officer of Sadar, Mirzapur, and the allegations against Smriti were found to be unfounded.

Satyam later filed a complaint on 20 September 2021, alleging that his wife had entered into a second marriage.

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Upon reviewing a petition filed by Smriti Singh, Justice Sanjay Kumar Singh noted, "It is well established that the term 'solemnise' implies, in the context of marriage... It cannot be considered solemnised unless the marriage is performed with these proper ceremonies and due form."

While nullifying the summoning order, the court stated, "There is no specific allegation concerning the 'Saptapadi' in the complaint or in the statements submitted before the court; therefore, this court believes that no prima-facie offence has been established against the applicant, as the claim of a second marriage lacks supporting evidence."

(With inputs from agencies)

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