In a recent ruling, the Madhya Pradesh High Court has underscored the crucial role of the Saptapadi ritual in establishing the validity of Hindu marriages,asserting that marriage under Hindu law is not akin to a contract. The court’s pronouncement came during the dismissal of a plea filed by four individuals seeking to quash an FIR against them for offenses under Sections 366, 498-A, and 34 of the Indian Penal Code (IPC).

The petitioners were accused of abducting the prosecutrix/victim, bringing her forcibly to Jabalpur, and coercing her into signing specific documents related to her alleged marriage with petitioner no. 1. The court, presided over by Justice Gurpal Singh Ahluwalia, carefully considered the arguments presented during the proceedings.

The counsel for the petitioners contended that a valid marriage had been solemnized between the victim and petitioner no. 1 through the ritual of exchanging garlands (Varmala) and applying vermilion to the parting of the bride’s hair (Sindoor). However, the court, in its order, observed that “counsel for petitioners could not point out any provision of law which acknowledges the performance of marriage by exchange of garland (Varmala).”

The court reiterated the significance of the Saptapadi ritual and remarked that “unless and until Saptapadi is performed, there cannot be said to be a valid marriage in Hindu Law. 

The victim alleged that she was forcibly transported to Jabalpur and coerced into signing certain documents.

The court acknowledged that these allegations constituted a “prima facie case of a cognizable offense” and reasoned that “it is a well-established principle of law that this Court should not kill an unborn baby and should not bring the investigation to a halt.”

Consequently, the court concluded that “no case was made out warranting interference,” and the petition seeking to quash the FIR was dismissed

Case title: Ajay Kumar Jain and others Vs State of Madhya Pradesh and others