Hindu Marriage Act | 'Kanyadaan' not necessary, 'saat pheras’ are: Court

Hindu Marriage Act:The Allahabad High Court observed that the ceremony of 'kanyadaan' is not necessary for solemnisation of marriage under the Hindu Marriage Act, and only 'saptapadi' (seven steps or saat pheras) is an essential ceremony.

The decision has been made by bench Justice Subhash Vidyarthi while addressing a petition filed by Ashutosh Yadav, who argued that his marriage, governed by the Act, necessitated a 'kanyadaan' ceremony, which was omitted in his case. 

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In March 22 order, the court emphasised that the Hindu Marriage Act solely recognises 'saptpadi' as an essential marriage ceremony, thereby deeming 'kanyadaan' unnecessary. The court further stated that the absence of the 'kanyadaan' ceremony does not affect the validity of the marriage.

"Whether the ceremony of kanyadaan was performed or not, would not be essential for the just decision of the case and, therefore, a witness cannot be summoned under Section 311 CrPC for proving this fact," the court said.

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Ashutosh Yadav had contested a criminal case filed by his in-laws, challenging an order issued by the Lucknow additional sessions judge on March 6.

(With inputs from agencies)

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