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Case Against Ex-Wife Dissmissed Due to Missing Saat Phere

CC BY 3.0 / Yogita / Indian wedding DelhiIndian wedding Delhi
Indian wedding Delhi - Sputnik India, 1920, 05.10.2023
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Saat Phere is an essential component of the Hindu wedding when the bride and groom walk around a consecrated fire seven times, reciting sacred vows with each revolution. Every phera has a specific meaning and vows taken in the presence of the holy fire are considered unbreakable.
An Indian court has dismissed a case brought by a man, Smriti Singh, who was seeking to punish his estranged wife, Satyam Singh whom he had married in 2017, alleging that she had married for a second time without divorcing him, reports said.

Sitting at Allahabad High Court, Justice Sanjay Kumar Singh ruled that a Hindu marriage is invalid without 'Saat Phere' (vowing to live together while walking around a sacred fire seven times) or ‘Saptapadi’ (where the newly wed couple take seven steps together after tying the sacred knot) and said that since the plaintiff had failed to provide any "corroborative materials" as evidence to support his case against his wife, the proceedings were quashed.

“It is well settled that the word ‘solemnize’ means, in connection with a marriage, ‘to celebrate the marriage with proper ceremonies and in due form’. Unless the marriage is celebrated or performed with proper ceremonies and due form, it cannot be said to have been ‘solemnized’. If the marriage is not a valid marriage, according to the law applicable to the parties, it is not a marriage in the eyes of law. The ‘Saptapadi’ ceremony under the Hindu law is one of the essential factors to constitute a valid marriage but the said evidence is lacking in the present case," the media reports quoted Justice Singh as saying.

The reports said the court had been guided in its ruling by consideration of Section 7 of the Hindu Marriage Act, 1955, which requires a Hindu marriage to be solemnized in accordance with the customary rites and ceremonies.

“There is no proof with regard to ‘Saptapadi’ in the charges or in the statements before the court. Hence, this court is of the view that no prima facie offence is made against the applicants as the allegation of second marriage is a bald allegation without corroborative materials," the court observed.

Smriti Singh married Satyam Singh in 2017 but they separated because theirs was an acrimonious relationship.
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