The Allahabad High Court has ruled that a Hindu marriage is considered incomplete without the 'Saptapadi' ceremony and other essential rituals. Consequently, the court has invalidated the proceedings of a case in which a man alleged that his estranged wife had entered into a second marriage without obtaining a divorce from him.

In a petition filed before Justice Sanjay Kumar Singh, he made the following observation: “It is well settled that the word ‘solemnize’ means, in connection with a marriage, to celebrate the marriage with proper ceremonies and in due form. Unless the marriage is celebrated or performed with proper ceremonies and due form, it cannot be said to be solemnized.” 

"If a marriage does not conform to the legal requirements applicable to the parties, it is not recognized as a valid marriage in the eyes of the law. The 'Saptapadi' ceremony, as mandated by Hindu Law, is one of the fundamental elements necessary to establish the validity of a marriage. However, in the current case, this essential evidence is absent," stated the court in its order.

The court also considered Section 7 of the Hindu Marriage Act, 1955, which states that a Hindu marriage can be performed following the traditional customs and rituals of either party involved. These rituals encompass the 'Saptapadi,' where the bride and groom jointly take seven steps around the sacred fire, signifying the completion and solemnity of the marriage when the seventh step is taken.

In the process of nullifying the summoning order dated April 21, 2022, and any subsequent proceedings in the complaint case involving the petitioner's wife, the court stated, "Furthermore, there is no mention of 'Saptapadi' either in the complaint or in the statements made before the court. Consequently, this court believes that there is no apparent basis for an offense against the applicant, as the accusation of a second marriage lacks substantiating evidence and remains a mere unsupported claim."

The petitioner, Smriti Singh, got married to Satyam Singh in 2017. However, due to contentious relations, she eventually left her in-laws' residence and filed an FIR accusing them of dowry harassment. Subsequently, following an investigation, the police filed a charge sheet against the husband and the in-laws.

Subsequently, Satyam lodged an application with higher-ranking police officials, alleging that his wife, Smriti, had committed bigamy. This application underwent a comprehensive investigation by the Circle Officer in Sadar, Mirzapur. The investigation revealed that the allegations of bigamy against Smriti were unfounded and false.

Following these events, on September 20, 2021, Satyam filed a complaint against his wife, leveling various allegations, including the assertion that she had entered into a second marriage. Subsequently, on April 21, 2022, the magistrate in Mirzapur issued a summons to Smriti in connection with the complaint. In response, Smriti filed the present petition before the high court, challenging both the summoning order and the entire proceedings related to the complaint case.

The petitioner's counsel argued that the aforementioned complaint and the subsequent summoning order are essentially retaliatory actions taken against the applicant in response to the FIR she had previously filed against Satyam's family members.

Case: Smriti Singh Alias Mausami Singh And 3 Others Vs. State of U.P. and Anr, Application u/s 482 No. - 23148 of 2022.