According to the Allahabad High Court, only “saptapadi” is a required ceremony for the solemnization of marriage under the Hindu Marriage Act, and “kanyadaan” is not.
A bench of Justice Subhash Vidyarthi made the observation during the hearing of a revision petition filed by Ashutosh Yadav, who claimed that his marriage under the Act required a “kanyadaan” (giving away the bride) ceremony, which was not performed in his case.
The court’s March 22 ruling on the Hindu Marriage Act states that the seven steps, or saat pheras, or “saptpadi,” are a mandatory component of a marriage ceremony.
The court ruled that kanyadaan is not required for the solemnization of a Hindu marriage, given the totality of the circumstances.
“A witness cannot be called under Section 311 CrPC for proving this fact, as the ceremony of kanyadaan would not be necessary for the just resolution of the case,” the court ruled.
Mr. Yadav was fighting a criminal case brought by his in-laws when he contested an order made by the Lucknow Additional Sessions Judge on March 6.
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