On Wednesday the Supreme Court intervened by issuing a stay order on a Patna High Court decision that nullified a marriage. The High Court's ruling was based on the claim that the groom was coerced into marriage at gunpoint and that the traditional Hindu marriage ritual of saptapadi (seven ceremonial steps around a sacred fire) was not conducted.

A Bench comprising Justice Hima Kohli and Justice Ahsanuddin Amanullah responded to a plea challenging the High Court's verdict by issuing a notice and temporarily halting the operation and implementation of the judgment. The High Court, in November of the preceding year, had emphasized the significance of saptapadi in completing a Hindu marriage under the Hindu Marriage Act of 1955.

According to the High Court, a Hindu marriage is considered binding only when the saptapadi is performed, and it cited a 2001 Supreme Court judgment highlighting the importance of saptapadi and datta homam (offering of ghee into a sacred fire) in a traditional Hindu marriage.

The case originated with an Army signalman who claimed to have been forced into marriage under duress, alleging that his uncle was kidnapped during prayers at a temple in Bihar's Lakhisarai. Despite submitting a criminal complaint to a chief judicial magistrate's court, the petitioner contended that the police failed to address the issue. The High Court, on November 10, sided with the petitioner, stating that the marriage ceremony had been forced upon him.

The bride, opposing the plea, argued that it was an arranged marriage conducted normally. However, the High Court deemed the marriage ceremony as anything but normal. Subsequently, the bride appealed to the Supreme Court, resulting in a stay on the High Court's order. 

Case: Bandana Kumari vs Ravi Kant,

Petition(s) for Special Leave to Appeal (C) No(s). 28415/2023.

Click to read/download order.