The Hon’ble Patna High Court opined that once it has been claimed that the marriage was not done as per free will and subsequently a case was also registered, the onus to prove that the marriage was valid shifts.
It was further opined that if ‘saptapadi’ has not been completed, the marriage would not be considered to be complete and binding. It is only when rites and ceremonies including Saptapadi are performed that the marriage becomes complete and binding
Brief Facts:
The present petition has been filed against the order of the Family Court vide which the petition filed by the Petitioner for decree of nullity of marriage was dismissed.
Brief Background:
The Petitioner alleged that his life was threatened by some unknown persons with gun and dagger and he was forced to put vermillion (sindur) to the forehead of the Respondent.
Therefore, the Petitioner approached the Family Court praying for a decree of nullity. It was observed that the Family Court did not frame issues properly and left significant factual details.
Contentions of the Appellant:
It was argued that no decree was prepared by the Court and hence, the present appeal has been filed. It was contended that the marriage was not done as per free will and there were material contradictions in the statement of the Respondent which were not considered.
Contentions of the Respondent:
It was urged that the non-performance of saptapadi has no relevance and has no bearing on the validity of the marriage.
Observations of the Court:
It was observed that after the Petitioner has claimed that the marriage was not done as per free will and subsequently a case was also registered, the onus to prove that the marriage was valid was on the Respondent.
It was opined that if ‘saptapadi’ has not been completed, the marriage would not be considered to be complete and binding. It is only when rites and ceremonies including Saptapadi are performed that the marriage becomes complete and binding
The decision of the Court:
Accordingly, the appeal was allowed.
Case Title: Ravi Kant v. Bandana Kumari
Case No.: Miscellaneous Appeal No.248 of 2020
Coram: Hon’ble Mr. Justice P. B. Bajanthri, Hon’ble Mr. Justice Arun Kumar Jha
Advocates for Appellant: Advs. Mr. Jitendra Kishore Verma, Mr. Anjani Kumar, Mr. Ravi Roy, Mr. Shreyash Goyal, Mr. Abhay Nath, Ms. Shweta Raj
Advocate for Respondent: Adv. Mr. Shashank Shekhar
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