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The Allahabad High Court has dismissed proceedings of a case where a man alleged that his estranged wife had solemnised a second marriage without divorcing him, PTI reported on October 4.
In an observation made while allowing a petition filed by Smriti Singh, Justice Sanjay Kumar Singh said solemnised means a marriage which is celebrated “with proper ceremonies and in due form”, adding that without the rituals, the marriage cannot be solemnised.
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“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,” the court order stated.
The order also drew from section 7 of the Hindu Marriage Act, 1955 to conclude that a Hindu marriage is solemnised in accordance with customary rites and ceremonies of either parties. It also noted that the ‘Saptapadi’ rite (taking seven steps by groom and bride jointly around the sacred fire), is essential as it completes and binds the marriage when the seventh step is taken.
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The court also dismissed the April 2022 summoning order and complaint proceedings before a Mirzapur court against the wife. The court said it “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”.
Case background
Petitioner Smriti Singh and Satyam Singh were married in 2017, but she left and filed a case of dowry against her in-laws. A chargesheet against the husband and in-laws was also submitted by the police after investigation. Later Satyam alleged his wife had remarried; and Mirzapur’s Sadar circle office investigated the claims. The bigamy allegations were found to be false.
In September 2021, Satyam filed a complaint that his wife had sanctified her second marriage and the concerned Mirzapur magistrate had thus summoned Smriti. Her petition to the HC challenged this summoning order and case proceedings citing counter-case by Satyam’s family members due to her dowry complaint.
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Updated: 05 Oct 2023, 11:45 AM IST
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