The Hindu (Tiruchirapalli)

Clearing the confusion over ‘saptapadi’

- K. Kannan shivsahay.s@thehindu.co.in

There is a certain misunderst­anding of the Supreme Court judgment pronounced recently in Dolly Rani v Manish Kumar Chanchal that if no saptapadi ceremony is performed, a Hindu marriage between two people cannot be considered valid. The Court did not state the law in as many words, but it did not outline in the judgment that there could be other ceremonies to validate the marriage. It also did not examine some customary practices where no elaborate ceremonies are performed beyond the exchange of garlands or the amendment to the Hindu Marriage Act, 1955, in Tamil Nadu, which introduced the suya mariyadhai (self-respect) form of marriage through Section 7(a).

The case before the court

The judgment arose in a case involving a transfer petition ’led by the petitioner-wife, seeking to transfer a divorce petition ’led by the respondent-husband from Muza‘arpur, Bihar, to Ranchi, Jharkhand. During the pendency of this petition, both the parties had jointly applied under Section 142 of the Constituti­on for a declaratio­n of invalidity of their marriage. In their plea, they had said that they were engaged to be married on March 7, 2021, and “due to certain exigencies and pressures, they were constraine­d to obtain a marriage certi’cate dated July 7, 2021, from Vadik Jankalyan Samiti (Regd).” On the basis of that certi’cate, they sought registrati­on under the

Uttar Pradesh Registrati­on Rules, 2017, and were issued a ‘Certi’cate of Registrati­on of Marriage’. The families of the parties ’xed a date for performing the ceremony as per Hindu rites and customs. But even as the man and woman lived separately, di‘erences began to crop up between them and the man ’led for divorce.

The parties admitted that since there was no Hindu marriage between them, the issuance of a marriage certi’cate was of no is a former judge of the Punjab and Haryana High Court and presently a Senior Counsel and Mediator consequenc­e. They stated that the court may declare that no marriage took place between them and permit them to lead their independen­t lives. This common remedy in law (decree of jactitatio­n of marriage) is possible for reasons other than dissolutio­n of marriage as void and voidable under the Hindu Marriage Act.

All that the Hindu Marriage Act expects under Section 7(1) is that a Hindu marriage be solemnised in accordance with the customary rites and ceremonies of either party. Saptapadi is a custom among certain sections of Hindus; it is not universall­y practised among all denominati­ons. The second part of Section 7(2) says, “Where such rites and ceremonies include the Saptapadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred ’re), the marriage becomes complete and binding when the seventh step is taken.” By no stretch of imaginatio­n can this be understood as the only form of solemnisat­ion of marriage. The Court only reiterated what a plain reading of the Section tells us: that the requisite ceremonies for the solemnisat­ion of the Hindu marriage must be in accordance with the applicable customs or usage and where saptapadi has been adopted, the marriage becomes complete and binding when the seventh step is taken.

Previous judgments

The law propounded in this case was nothing novel. The Hindu Marriage Act cannot solemnise a marriage through registrati­on alone. Registrati­on is now mandatory in many States, and it is done after a ceremony of marriage is conducted. Tamil Nadu passed an amendment in 1967 simplifyin­g marriage ceremonies. While upholding the validity of the amendment, a Division Bench of the Madras High Court had ruled in S. Nagalingam v. Sivagami (2001) that “the main thrust of this provision is that the presence of a priest is not necessary for the performanc­e of a valid marriage. Parties can enter into a marriage in the presence of relatives or friends or other persons and each party to the marriage should declare in the language understood by the parties that each takes the other to be his wife or... her husband, and the marriage would be completed by a... ceremony requiring the parties to the marriage to garland each other or put a ring upon any ’nger of the other or tie a thali. Any of these... would be su‚cient to complete a valid marriage.”

In Ilavarasan v The Superinten­dent of Police and Others (2023), the Court approved of the above decision. It found that a later decision of the High Court in Balakrishn­an v The Inspector of Police (2014), saying that a suya mariyadhai form of marriage held in secrecy is invalid, was not correct. The Court said of the High Court’s view, “It is premised on the assumption that every marriage requires a public solemnizat­ion or declaratio­n... Often due to parental or pressure among kinship groups... couples intending to enter into matrimony may not be able to... give such a public declaratio­n. Doing so would imperil their lives or could... result in danger to their bodily integrity or... a forceable or coerced separation of one from the other. It is not hard to visualize other pressures being brought to bear upon two individual­s, who are otherwise adults and have exercised their freewill. To superimpos­e the condition of a public declaratio­n, which is absent in Section 7A(1)... is not only narrowing the... wide import of the statute but would also be violative of the rights under Article 21 of the Constituti­on...”

In Ilavarasan, the marriage had been solemnised by a few lawyers in the Chambers of one of them. The Court said that a chamber could not become a matrimonia­l establishm­ent, but if the lawyers performed in the capacity of friends or relatives, their role as witnesses could not be ruled out.

During the ongoing Lok Sabha elections, the Trinamool Congress leadership is battling electoral challenges from the Bharatiya Janata Party (BJP) and the LeftCongre­ss combine. It is equally grappling with a challenge from within: the divide between the old guard and the new leadership.

The demand for making way for new faces in the party has been growing stronger with every passing day. Yet, the Trinamool leadership has been conservati­ve in the allocation of tickets. In Dum Dum, for instance, it has ’elded the senior-most member of the party, Saugata Roy, 76.

In Kolkata Uttar, the Trinamool has ’elded Sudip Banerjee, 75. While some party leaders believe that Sudip Banerjee, a nine-time MP, is too old to contest, Trinamool leader Kunal Ghosh has accused him of not being accessible to the people of his constituen­cy, not allowing other leaders in the party to be appointed to key organisati­onal posts, being soft on his political opponents, and maintainin­g good relations with the BJP leadership.

The BJP candidate in Kolkata Uttar is Tapas Roy, a ’vetime Trinamool MLA who was keen to contest the elections from the constituen­cy and quit to join the BJP when he realised that the Trinamool will place its bet on Sudip Banerjee, an old war horse.

The di‘erences between the old guard and the new leadership came out in the open in this constituen­cy when, recently, Mr. Kunal Ghosh shared the dais with Mr. Tapas

A recent Supreme Court judgment only reiterated what a plain reading of a Section of the Hindu Marriage Act tells us

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