7 'Pheras' Enough For Hindu Marriage, 'Kanyadan' Not Essential, Rules Allahabad High Court

The court ruled that Section 7 of the Hindu Marriage Act provides only “Saptpadi” (Seven pheras by bridegroom and bride together before the sacred fire) as an essential ceremony of a Hindu marriage

In a recent order while dismissing a criminal revision plea, the Allahabad High Court ruled that the ritual of Satpadi or seven pheras is enough to solemnise a Hindu marriage and 'Kanyadan' was not a necessary ritual to solemnise a marriage under the Hindu Marriage Act. The court ruled that Section 7 of the Hindu Marriage Act provides only “Saptpadi” (taking seven pheras by bridegroom and bride together before the sacred fire) as an essential ceremony of a Hindu marriage.

The high court made this landmark observation while dealing with a plea seeking a revision of a court order on the grounds that the marriage certificate filed by the prosecution mentioned that the marriage was solemnised as per Hindu rituals. The revisionist claimed that the fact of the “Kanyadan” ceremony needed to be ascertained and therefore a re-examination was required which called for summoning witnesses.

The high court said that Section 311 of the CrPC empowers the court to summon any witness in case it is essential for a just decision of the case. However, in the present matter, it appeared that witnesses were being sought to be examined to merely prove whether the ceremony of “Kanyadan” was performed or not.

How Hindu Marriages Are Solemnised? What Does Section 7 of the Hindu Marriage Act Say?

"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 saptpadi (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.”

According to the order, Hindu Marriage Act merely provides saptpadi as an essential ceremony of a Hindu marriage and it does not provide that the ceremony of kanyadan is essential for solemnization of a Hindu marriage.

"Whether the ceremony of Kanyadan was performed or not, would not be essential for the just decision of the case and, therefore, a witness cannot be summoned under Section 311 Cr.P.C. for proving this fact," the court ruled.

The order was passed by a bench of Justice Subhash Vidyarthi of Allahabad High Court while disposing of a criminal revision petition filed by one Ashutosh Yadav, challenging the trial court’s order in a criminal case rejecting his plea to recall witnesses.

Kanyadan is a traditional ritual in Hindu marriages where a father gives her daughter away to the groom.