The Supreme Court on Wednesday stayed a Patna High Court judgment that had annulled a marriage on the grounds that the groom was forced to marry at gunpoint and because saptapadi (seven steps taken by the couple around a sacred fire) under the Hindu Marriage Act, 1955 was not performed.
A Bench of Justice Hima Kohli and Justice Ahsanuddin Amanullah issued notice in response to a plea challenging the High Court verdict."Issue notice. Till further orders, operation and implementation of the impugned judgment shall remain stayed," the order said.
In November last year, the High Court had observed that a Hindu marriage is not complete unless the bride and groom perform the saptapadi or saat pheras."From bare perusal of the aforesaid provision (of the Hindu Marriage Act), 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," the Court had said.The High Court had also a relied on a 2001 Supreme Court judgment which had laid down that a traditional Hindu marriage would not be valid in absence of the saptapadi and datta homam (offering of ghee into a sacred fire).An Army signalman had moved the High Court claiming that he was forced to marry a woman after his uncle was kidnapped during prayers at a temple in Bihar's Lakhisarai on June 30, 2013.On the same day, he was forced to apply vermilion (sindhoor) on the bride's forehead and was compelled to enter into a marriage without any other accompanying ritual while being threatened at gunpoint, the petitioner claimed.Despite his uncle's efforts to file a complaint, the police allegedly declined to address the issue. Therefore, the petitioner pursued legal action by submitting a criminal complaint before a chief judicial magistrate's court.On November 10, the High Court allowed the petitioner's plea after concluding that the marriage ceremony was forced on him.The bride had opposed the plea, asserting that it was an arranged marriage which was performed normally. However, the Court concluded that the marriage ceremony appeared to be "anything except normal."The bride then approached the Supreme Court in appeal, getting a stay on the High Court order.Advocates RK Tarun, S Rani, Aditi Shivadhatri, RR Bharati, Srimanta Ray, Parichita Ray and Yadav Narender Singh represented petitioner before the apex court.
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