Patna High Court Annuls Hindu Marriage Noting Man Was Forced To Apply Sindur At Gunpoint, Emphasizes Saptapadi Significance

In a significant judgement, the Patna High Court has ruled that the mere application of sindoor (vermilion) on a woman's forehead under coercion does not constitute a valid marriage under Hindu law. The Court emphasized that a Hindu marriage must be consensual and involve the customary 'saptapadi,' where the bride and groom complete seven rounds around a sacred fire for the union to be deemed binding.The division bench, comprising Justices P B Bajanthri and Arun Kumar Jha, observed, "From bare perusal of the aforesaid provision, it is obvious that when such rites and ceremonies including Saptapadi the marriage becomes complete and binding, when seventh step is taken. Conversely, if ‘saptapadi’ has not been completed, the marriage would not be considered to be complete and binding."According to the factual background of the case, Ravi Kant, a signalman in the Army, and his uncle were abducted on June 30, 2013, while they were attending prayers at a temple in Lakhisarai. On that day, Ravi Kant was coerced into applying vermilion on the respondent bride's forehead and was compelled to go through a "marriage" at gunpoint.Despite Ravi's uncle attempting to file a complaint with the district police, they purportedly refused to address the matter. Consequently, Ravi took legal action by submitting a criminal complaint to the chief judicial magistrate's court in Lakhisarai. In addition to the criminal complaint, Ravi sought an annulment of the forced marriage through the family court. Unfortunately, his plea was dismissed on January 27, 2020.The Court expressed surprise at the lack of knowledge exhibited by the Pandit who conducted the marriage ceremony, emphasizing that he was unclear about the essential details of the marriage, such as the location. The Court dismissed the significance of photographs of the purported marriage, stating that they were improperly exhibited and therefore inadmissible. Additionally, the Court asserted that the photographs alone did not provide any meaningful insight.The court expressed disagreement with the Family Court's rationale for discrediting the petitioner's case, deeming it flawed in its own opinion.Consequently, the High Court set aside the Family Court's judgment concluding that the marriage between the appellant-petitioner and respondent stands annulled. Counsel/s For the Appellant/s: Mr. Jitendra Kishore Verma, Advocate Mr. Anjani Kumar, Advocate Mr. Ravi Roy, Advocate Mr. Shreyash Goyal, Advocate Mr. Abhay Nath, Advocate Ms. Shweta Raj, AdvocateCounsel/s For the Respondent/s: Mr. Shashank Shekhar, AdvocateLL Citation: 2023 LiveLaw (Pat) 138Case Title: Ravi Kant vs. Bandana KumariCase No.: Miscellaneous Appeal No.248 of 2020Click Here To Read / Download Judgement

Patna High Court Annuls Hindu Marriage Noting Man Was Forced To Apply Sindur At Gunpoint, Emphasizes Saptapadi Significance

Bhavya Singh

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