— In a landmark ruling, the Allahabad High Court has determined that the ceremony of 'kanyadaan' is not a prerequisite for the solemnization of marriage under the Hindu Marriage Act. The court emphasized that only the ritual of 'saptapadi', or the seven steps taken around the sacred fire, holds essential significance.
The decision came during the hearing of a revision petition filed by Ashutosh Yadav, who asserted that his marriage under the Act necessitated a 'kanyadaan' ceremony, which was reportedly not conducted in his case.
In its order issued on March 22, the court clarified that the Hindu Marriage Act solely mandates the performance of 'saptapadi' as the pivotal ceremony for a lawful marriage. Considering the broader context, the court concluded that 'kanyadaan' is not indispensable for the solemnization of a Hindu marriage.
"The presence or absence of the 'kanyadaan' ceremony does not affect the validity of the marriage and thus cannot be considered essential for adjudication," the court stated, highlighting that summoning witnesses under Section 311 of the CrPC (Code of Criminal Procedure) to establish this aspect is unnecessary.
Yadav had contested an order issued by a Lucknow additional sessions judge on March 6, amid his legal battle in a criminal case initiated by his in-laws.
The ruling marks a significant legal interpretation regarding Hindu marriage customs and is expected to have broader implications in matrimonial disputes across the country.
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