Madhya Pradesh High Court Says No Hindu Marriage Valid Until 'Saptapadi' is Performed

The Madhya Pradesh High Court observed that, in Hindu law, marriage is not considered a contract, and a valid marriage cannot be said to exist unless and until 'Saptapadi' is performed. The Madhya Pradesh HC made this statement while dismissing a plea filed by four petitioners seeking to quash an FIR lodged against them for offences under Sections 366 (abducting or inducing a woman to compel her marriage), 498-A (cruelty), and 34 (common intention) of the IPC.

The petitioners were alleged to have forcibly brought the victim to Jabalpur, abducted her, and later coerced her into signing specific documents related to the marriage of the victim and petitioner number one, as reported by Live Law. The counsel for the petitioners argued that a marriage ceremony between the victim and petitioner number one had taken place, following the ritual of exchanging garlands and filling up the Maang with Sindoor. They also produced a marriage certificate to support their claim.

However, in its order, the Court noted that the counsel for the petitioners could not identify any provision of law that acknowledges the performance of marriage solely through the exchange of garlands. The court also emphasized the significance of the performance of 'Saptapadi' for a valid Hindu marriage.