A husband cannot escape the legal consequences of marriage merely by alleging that the customary ritual of Saptapadi was not performed, the Delhi High Court has ruled while dismissing an appeal seeking to declare a marriage void.
The Division Bench of Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar upheld a Family Court order and emphasised that under Section 7 of the Hindu Marriage Act, 1955, performance of Saptapadi is not mandatory in every Hindu marriage. What matters, the Court said, is whether the parties lived together as husband and wife, and in this case, a child was born out of the relationship.
The appellant had claimed that since the couple only exchanged garlands and did not perform Saptapadi, the marriage was invalid. However, the Court noted that he had not examined any priest, guest, or elder to support his claim. Instead, his own admission that the marriage was consummated and that he cohabited with the wife till October 2016 weighed heavily against him.
The Court emphasized, “When a child is born to such a couple, there arises a strong presumption that the marriage is legitimate. The presumption of a valid marriage is not diminished simply because there is no direct or positive proof of the ceremony of Saptapadi having taken place.”
Referring to the case Ningu Vithu Bamane v. Sadashiv Ningu Bamane, the Bench reiterated that law leans in favour of marriage and legitimacy to protect the vulnerable, particularly women and children, from the uncertainties of disputed marital status.
The Court therefore found “no reason to interfere” with the Family Court’s decision, holding that its conclusion was both “plausible and possible.” The appeal was dismissed.
Case Title: A vs. B
Case No.: MAT.APP.(F.C.) 317/2023
Coram: Justice Anil Kshetarpal, Justice Harish Vaidyanathan Shankar
Advocate for Appellant: Adv. Deepak Kumar Sharma
Advocate for Respondent: Advs. S.P. Yadav, Deepak Kumar
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