The Allahabad High Court has ruled that a Hindu marriage is not valid without the 'Saptapadi' ceremony, involving taking seven rounds around the sacred fire.
Based on this ruling, the High Court dismissed an entire complaint case in which the husband sought punishment for his estranged wife, alleging that she had entered into a second marriage without obtaining a divorce from him.
Petitioner Smriti Singh was married to Satyam Singh in 2017, but due to their strained relationship, she left her in-laws' home and filed an FIR alleging harassment for dowry. Following this, her husband, Satyam Singh, filed an application accusing Smriti Singh of bigamy.
This application was investigated, and the claims of bigamy against Smriti Singh were found to be false. Subsequently, Satyam Singh filed another complaint on September 20, 2021, alleging that his wife had solemnized her second marriage. The Magistrate summoned Smriti Singh on April 21, 2022, which led to her filing the present petition before the Allahabad High Court.
Justice Sanjay Kumar Singh allowed the petition filed by Smriti Singh and observed on September 19 that, "it is well settled that the word 'solemnise' means, in connection with a marriage, 'to celebrate the marriage with proper ceremonies and in due form'."
He further added, "unless the marriage is celebrated or performed with proper ceremonies and due form, it cannot be said to be 'solemnised'. If the marriage is not valid, it is not recognised as a marriage in the eyes of the law. The 'Saptapadi' ceremony under Hindu law is one of the essential components to constitute a valid marriage." The court's decision relied on Section 7 of the Hindu Marriage Act, 1955.
A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto. When such rites and ceremonies include the Saptapadi (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.
The seven 'phere' or Saptapadi is one of the most crucial aspects of the Vedic Hindu ceremony. As the bride and groom take seven rounds around the sacred fire, specific vows are recited with each circuit.
Here's what each of the 7 'phere' represents:
1. Nourishment: In the first 'phera,' the groom leads the bride, where he promises to take care of his wife's and their future children's welfare, fulfilling their basic needs of food, shelter, and financial support. The bride also commits to sharing this responsibility with her husband.
2. Strength: The couple asks the almighty to grant them the strength to love each other through thick and thin, standing strong together and supporting each other during mental, physical, and emotional challenges in life.
3. Prosperity: In their third 'phera,' the couple seeks wealth and prosperity. They also pledge faithfulness and loyalty to each other.
4. Family: The fourth 'phera' focuses on strengthening their bond with the family and emphasizes respect and unconditional love for each other.
5. Togetherness: The couple seeks blessings for noble, healthy, and happy children. They vow to be responsible parents and provide the best upbringing for their future kids.
6. Health: In the fifth 'phera,' the bride and groom wish for a healthy life together, free from diseases and mental ailments, enabling them to enjoy life to the fullest while fulfilling their responsibilities toward each other and their families.
7. Wisdom: In the final 'phera,' the couple promises to be with each other for eternity. They pledge to be mature and wise, fostering a life of mutual understanding, trust, and peace.