Justice denied. Marriage annulled for 5 Phere instead of 7!!

propra

The verdict from kanpur, india on 16 Sept-2010

 

12 year old marriage which was consummated and couple lived together for more than 2 years and litigating for 8 years.

 

marriage got annulled!!!!! as per court verdict today!!

 

This can happen only in india!!!!!

 

The husband-petitioner is also an advocate......

 

Where are women supporters!! Please help that woman!! She cudn't fight her husband who is an advocate.............

 
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Senior Partner

@ Author


1. Refrain from "instigating" general public vis - a - vis Lawyers by stating in public forums last two sentences as in your above message post that also in BOLD.


2. See your own today's post to Prabhakar in another thread pestering him to give "point of procedure for Divorce" bze your self interest serves there and here you are cursing (softly) another Lawyer in above message and don't think again that you are general public so you will get away with such blatant "humane dualities" in public platforms.


3. The above post of yours is complete stirrer of an ice candy with no links no full text o any news items nothing and is sadistic expectation to instigate public verbal fights which is condemned by me and read now below full text and comment yourself what you understand by Annulament and why and who is at fault in presented scenario since your name is "Jami of Law" which means you have understanding of Law better than lawyers here !


4. Currently this wonderful interactive legal forum is plagued with several humane infested problems as in interactive platform issues based hence above para 1 till para 3 straight forward message just to drill in the self restrain to special general public like you. If you can't help a forum to evolve refrain from such public display of vulgarity in thoughts.



News reporting by author

Real News item Title is:  Judicial Stunner- Incomplete 'Phere' breaks marriage bond



Full text is here :-

"In a bizarre ruling, a family court in
Kanpur district of Uttar Pradesh annulled the 12-year-old marriage of a couple on the basis of five ‘Phere’ (steps) and same gotras.


It was a shocking verdict for girl's father, who is fighting the legal battle since
22 August 2001.


In the 100 - page ruling, the judge pronounced the verdict against Neeru, citing reduced Phere and same gotras. The judge said that as per the Article 11 of the Hindu Marriage Act 1955, the marriage was not completed due to reduced Phere and same gotra. As per the Hindu Marriage rituals seven Phere are compulsory. Surprisingly, the marriage was cancelled by the family court for just short of two Phere.


The 'Saat Phere' is an important ritual performed during the wedding in which the bride and the groom circumambulate a sacred fire, known as agni, seven times.


However, Neeru claimed that the 'Saat Phere' ritual was properly performed at a time of marriage.


Reacting on the decision, the Neeru's lawyer described it as a big mistake committed by the family court. He said that there were four evidences had been produced before the court.


The pundit, who performed the marriage, deposed twice before the magistrate and he confirmed completion of 'Saat Phere'. Four other witnesses were also produced before the court and marriage video was also played twice in the court, the lawyer said.


However, lawyer is keen to challenge the lower court order in Allahabad High Court but demoralized Neeru refused to fight the legal battle anymore.


The verdict was real stunning for Neeru and people of the city as well. Neeru’s father is completely broken after the verdict and gave up the hope of any justice. A tearful Neeru was also disappointed with the verdict and said she don’t wish to challenge the verdict." 

 
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propra

 

Hi tajobsindia

With due respect to you I am replying to your comments. You completely misread me sir!!

Thanks for posting the news. I wrote it on this forum while watching AAJ-TAK TV channel and the interview of that hapless woman who was crying and hosptalised as shown in the video clipping.

 

1. I never intended to instigate the public.

 

2. I am not exibiting duality as I am pro to save the 'institution of marriage'

 

3. I can't help if anyone reads anythig with a prejudiced mind and a bias. Nowhere I have said anything to the community of the advocates at large. I am talking about a specific case. A husband-advocate fighting his own divorce case and raking up technicalities. 

 

'creating awareness' For right reasons is being perversely called as 'instigation'.

 

An Advocate suddenly wakes up to realise that.... he might be in a same gotras  relationship  after cohabiting with the wife for couple of years................. This is difficult to buy the argument...........

 

 

Saat fere is a mere technicality........Even one fere may not be necessary.......

.

Is there any standardisation as to how to perform rituals? The video clip clearly shows that this guy had a wedding ceremony in the presence of priest, fire. kanyadan was performed and that guy also enjoyed the 'var-bhojan', maang mein sindur bhara hai.

 

Who empowered the ld. judge to 'in-validate' sufficiency of hindu ritual??

Who wud question a couple if couple takes all the oaths in one phera only'? This is a mere technicality.

The judge missed the essence of the ceremony. Wedding is a symbolic ways to announce that xyz's ki beti ka kanyadaan hua hai abc'ke bete ke saath' . 'aud dono jindagi bhar eksath rahenge aur sukhdukh batenge'.


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propra

As per section 5, marriage gets annulled bcos of sapinda relationship and not sagotra.

sagotra is different than sapinda.

Sapinda relationship with reference to any person exist as far as the third generation (inclusive) in the line of ascent through mother, and the fifth (inclusive) in the line of ascent through father, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation.

 

Saat fere is mere technicality. Even sectin 7 of marriage doesn't say that taking lesser fere wud mean marriage incomplete or non-binding. Saat fere is symbolic.

 

marriage is a public announcement also. It is a sanskar.

 

The advocate-husband was seen arguing on tv that sixth and seventh phera wasn't taken (so 6th oath to be with each other in the thick and thin, and 7th oath to be loyal and be companion for life) wasn't taken. Only first 5 were taken!!  what was he trying to suggest????? please read it between the lines.......I wund't mind even to instigate people on this mockery of marriage.

 

In movies , films shooting,  actors do act about saat fere in the a similar environment, but it is not treated as shaadi!!!

 

B'cos it is known as the act only and intension is clear and i.e to perform a stage show of marriage ceremony.

 

In the current case, it was not a stage show, not an act. but actual marriage in front of relatives, parents, priest and follwoed by rituals. whether only 1 or all 7 phere were taken is immaterial.

 

Even priests forget the step by step process or sometimes do it in a short cut way.

 

Has anybody heard the mantras properly? Priests many time omit half of the mantras and wind up or just whisper in a hasty manner.

 


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propra

Dear tajobsindia

I ignore all your paras numbered from 1st to 4th as I disagree with your views and conclusions entirely.

 

 
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self employed

Doesn't it have merits to attract the punishment under IPC section 493 and 496?

..also under a few more IPC sections probably.

 
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Advocate

Dear Mr.Jamai of Law,

I am not on the correctness or otherwise of the decision - that will get finalised if the aggrieved party prefers appeal.

But, I am referring to your following statements:

"Saat fere is a mere technicality........Even one fere may not be necessary.......

 

Is there any standardisation as to how to perform rituals? The video clip clearly shows that this guy had a wedding ceremony in the presence of priest, fire. kanyadan was performed and that guy also enjoyed the 'var-bhojan', maang mein sindur bhara hai.

Who empowered the ld. judge to 'in-validate' sufficiency of hindu ritual??

Who wud question a couple if couple takes all the oaths in one phera only'? This is a mere technicality."

Your above contention is completely erroneous would have become clear to you, if only you had read Section 7 of the Hindu Marriage Act 1955, which reads as under:

"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."

Thus your contention that taking Sapatpadi is a mere Technicality is not borne out by the provisions contained in the law.

The Section 7 empowers the Judge to annul a marriage, if in his considered view after valuating the evidence produced before him, he comes to the conclusion that the ceremony has not been completed.

Just because in some cases all the 7 steps are not followed, or in one step itself all the mantras were told etc., will be of no effect so long as there is no trouble i.e. no one challenges the validity of the marriage.  However, if anyone questions, then the law will take the center stage - and not my opinion or your opinion.

Let me give a small example.  We witness day in and day out that many persons cross the red-light and never get punished.  But, if on some day, some traffic police man stops us for crossing the red light and challans, we cannot say that yesterday also I crossed the redlight and I was not stopped, now who are you to stop?

 
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propra

@ Mr. Ramachandran

 

With due respect to you sir ..............I totally disagree with you.....

 

Seven step is the symbolic way to proclaim ceremony concluded and now all well wisher may please bless them as a couple etc etc etc

 

There is a difference betwen post-condition and pre-condition.

 

Does the Hindu law anywhere say that seven steps is the one and only requirement and one and only  mandatory requirement to conclude the the ceremony of marriage and as 'complete'? NOOOOOOOOO

 

The whole ceremony is symbolic of the union of two male-female...........

 

Hindu MArriage Act merely  elaborates that saptapadi mean 'seven steps'

 

(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. (but not necessarily the one and only mandatory  criteria,  pass-fail, go or no-go condition,  to declare any marriage ceremony concluded)"

 

Please Don't play with word. This is rubbish ....Sir

 

It talks about secred fire also?

 

Are u saying that tomorrow one CAN stand in front of hon. court and say 'In my marriage......... I stronly doubt whether that  fire was really secred or not!!!!! .................. Kindly annul my marriage!!!!!

 

 

 
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Advocate

Dear Jamai of Law,

Why do you feel that you should think that you should disagree with me with due respect?  Even without respect you have every right to disagree not only with me but with every other person.

Jamai of Law, if you want to deliberately ignore something in the law, and would like add something which is not in law, I can surely not comment and would never like to comment.  Because it is your prerogative.  You can live in your own world.

But, since the matter was being discussed in this forum, and one is expected to apply the law as applicable and existing, I quoted Section 7(2) of the HMA Act, which clearly says as under: 

"(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."

I never said that seven-steps are the only requirement, or that seven-steps are always required to solemenise the marriage.  All I said was that according to Sec. 7(2), if 'the rites and ceremonies include the Saptapadi, then in that case the marriage would become complete and binding only when all the seven steps are taken".  If even one step is taken less, then the marriage cannot be said to be complete.  As simple as that.

Even in the case cited by you in the newspaper, if as per the custom of the parties involved, the ceremonies does not include taking seven-steps, then even if no steps or taken or less than seven steps are taken, the completion of the marriage cannot be questioned.  That does not seem to be the facts of the case in question.

Your assertion that "Hindu MArriage Act merely  elaborates that saptapadi mean 'seven steps' " is utterly contrary to the existing law.  On the contrary, it goes on to say that where the rites and ceremonies include saptapadi, then taking all the seven steps are necessary to solemenise the marriage.

This is my understanding of the law, not necessarily corresponding to your understanding.  To that extent we differ.  But I must state that you are not reading the law as it exists, but hold your views and opinions on the matter which is completely different from the existing law.

 
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Software developer

Dear  Mr . R.Ramachandran ,

 

My marriage is completed with 4 phere only , and now my wife is separated with me and blackmailing me with false dowry case.  I am also want to annulled my marriage on the basisi of 4 phere to prevent from me from false dowry case.

please suggest me !


 

 
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