Validity of marraige

This query is : Resolved 
 

(Querist)
10 July 2019

In the marriage of my daughter in feb 2016 no saptapadi took place . we have approached the family court in Feb 2017 for invalidity of marriage as no spataadi took place. We are advised to go for divorce. Being Hindus we do not want to opt it. please guide.


Dr J C Vashista (Expert)
10 July 2019

Satpathi is one of the other rituals in a Hindu marriage, which is not mandatory (as per law).
Non-performance of satpathi is not a ground for declaration of marriage as "invalid".
Whether the couple has consummated the marriage or not yet?
Consult your lawyer or another local prudent lawyer for better appreciation of facts, guidance and proceeding.
However, if you are located in Delhi/NCR and feel so, may contact me with records (on appointment) at: chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, New Delhi-110075
Cell # +91 98911 52939 email: majjagdish@yahoo.com or visit: www.vakil-saab.com

Sudhir Kumar (Expert)
10 July 2019

Apparently mere absence of saptapadi may not invalidate marriage. There is no saptapadi in most part of northern India. In Punjab and most part of Haryana even feras are four and not seven. The marriage is valid and binding.

.

P. Venu (Expert)
10 July 2019

Yes, there are no specific ceremonies that are mandatory for the performance of a Hindu Marriage.

R.K Nanda (Expert)
Click to Talk
10 July 2019

as per section 7 of hindu marriage act

7. Ceremonies for a Hindu marriage.-

(1) A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.

(2) Where such rites and ceremonies include the Saptapadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken.


R.K Nanda (Expert)
Click to Talk
10 July 2019

in my view marriage is invalid and illegal.

Sudhir Kumar (Expert)
10 July 2019

He never said that Saptapadi is custom in his society.

R.K Nanda (Expert)
Click to Talk
10 July 2019

He also never said about what are customs in his society.

R.K Nanda (Expert)
Click to Talk
10 July 2019

No one can go beyond HMA.

N.J.S.Rajkumar alias narasimha (Expert)
10 July 2019

An Precise advise by Dr.J.C.Vashista . Agree with him.

R.K Nanda (Expert)
Click to Talk
10 July 2019

I disagree with replies of all other experts.

R.K Nanda (Expert)
Click to Talk
10 July 2019

I disagree with replies of all other experts.

kavksatyanarayana (Expert)
10 July 2019

Ji, in my view, most of Hindus follow the rites and customs in some occassions like marriage. And in some areas/ families certainly follow some rites and customs at the time of marriage. The important is 7 steps (Saptapadi before sacred fire). Hindu sacramental marriage where the essential ceremonies like Saptapadi and Homa are not performed will not be valid at all even if the marriage was registered by the Registrar of Marriages, it is absolutely null and void marriage. .

Vijay Raj Mahajan (Expert)
11 July 2019

In most Hindu Sanatan Dharam and Arya Samaj, the rites & ceremonies for marriage the Saptapadi is essential ceremony without which the marriage is null and void. However in Southern part of India, ceremony of Satapadi is not included for marriage hence in those regions the Hindu marriages without Saptapadi will be valid if all other marriage ceremonies required according to customary rites have been performed.
As far the declaration of the Family Court the Hindu marriage null and void as no Saptapadi was performed in your case, the annulment order under section 12 of the Hindu Marriage Act,1955 can be made on any of the provided grounds available there. None performance of Saptapadi in Hindu marriage is not the ground available there, however, the consent of the petitioner for marriage taken by fraud as to the nature of the ceremony is ground available there. If you want to bring the annulment of the marriage under this ground, what will be required to be proved that the consent for marriage taken by stating that valid Hindu marriage will be done without the ceremony of Saptapadi, this was misrepresentation by the respondent because only valid Hindu marriage between both parties could be done only if all essential rites and customs were being performed and that included the ceremony of Saptapadi. Here again, the onus to prove is on the Petitioner that ceremony of Saptapadi was essential ceremony for both parties for valid Hindu marriage between them, if in defence the Respondent state and prove that the Saptapadi ceremony was not essential ceremony according to his customs and usage, the annulment petition under section 12 HMA will fail. Let me bring to your knowledge once again that most Hindu marriages in southern region and for people living in southern region of India, Saptapadi is not essential marriage ceremony and if the Respondent had taken this as his defence, the decision of the Family Court is correct, the only option left is the dissolution of marriage by decree of divorce.

prabhakar Waghodekar (Querist)
11 July 2019

Adv R K Nanada's view is invaluable and precise. I like it.



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