MKSingh (Personal) 02 December 2013

w- 7(a)&(b).

RCR Counter U/S-12--U/W- 7(a)&(b).

The respondent has filed a new case for Annulment of Marriage U/S 12, U/W 7(a)&(b).

They are saying two things

1Q) Marriage was by force, threat and suicide warnings, so the respondent managed the petitioner not to consummate the marriage. which is completely false.

2Q) Marriage was not solemnized as per Hindu Customs and Traditions 7(a)&(b).

1A) The marriage was with mutual consent from both the parties, I have a audio recording where she said clearly that "We want to marry and register, we will tell to our parents after 4th semester, may dad is very strict he will defiantly say No and do house arrest, If my dad brings any proposals ill can tell him I'm married ." So went to individuals house as per the plan.

2A) The marriage was solemnized as per Hindu Customary Rites & Ceremonies prevailed in Telugu communities in Andhra Pradesh. like Jilakara-bellam, toe-ring, mangala sutram, arundathi, etc. It was in a temple so the priest did not do sapthapadi, In Telugu communities so people will follow sapthapadi and some people will not. When I met few advocates for my case, some says its not mandatory but as per HMA 7(b) its mandatory. Can any one explain what is correct?

Suggest me whatever you feel about this case. Please tell me how to proceed.

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2 Replies

Laxmi Kant Joshi (Advocate ) 02 December 2013

It dependent upon your customs how marriages solemnized if It is in your customs you did not follow saptapadi , then with giving proofs of it your marriage will declared as legal , but according to hindu marriage act section 7(2) saptapadi is compulsary for compleating of a hindu marriage .

(Guest)

Hello.

The Hindu Marriage Act, 1955 does not prescribe any particular ceremony for marriage. However, it provides that a Hindu marriage may be solemnised in accordance with the customary rites and ceremonies of either party thereto and where such rites include the Saptapadi, the marriage becomes complete when the seventh step is taken. Unless a marriage is performed by some ceremonies, it could not be said to be solemnized as is required by these provisions of the Act. If some ceremonies must be performed, then section 7 specifies those ceremonies. They cannot be any other than the "customary rites and ceremonies of either party" to the marriage.

Thus what is important here in your case is whether marriage without a Saptapadi is practiced in your family or in the girl’s family or not. If it not followed and in its place, a different custom or practice prevails in your or the girl’s family, then the Court will look into the matter of whether those customs have been complied with. There is no valid marriage when the parties have not observed any religious ceremonies at all. Thus, what I would opine is that Saptapadi is an essential ceremony for a Hindu Marriage, in the absence of any prevalent special custom.

You may consult an expert in this regard.

–Regards

Advocate Pooja

www.lawkonect.com