Is marriage without saptapadi invalid?
2 years ago
Hi... I am Chetana. I am hindu-s.c(lambani).my husband also hindu. Ours is a love marriage. But, it was not registered. It took place in a temple with the help of his family elders. But after our marriage our parents seperated us with in 2 weeks only. Now, our parents are trying to do another marriage for me. My husband filed RCR case in court. It is still pending. Our lawyer telling that first marriage is invalid, since there is no 'saptapadi' in marriage ceremony. Really our marriage is invalid? We have photos, wedding card and also witnesses for our marriage. The marriage happened willfully only. But no 'saptapadi'. Marriage took place as per the customs of his caste and he is from andhrapradesh and i am from karnataka.
It all depends upon the statement of wife. No Saptapadi is required as it cannot be proved when marriage was taken took place in a remote village. The husband is right in filing RCR and he will get a favorable order.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
As per Hindu Marriage Act's provisions, the marriage must be performed as per the ceremonies, rites and rituals recognized by either of the parties. Even importance is given to 'Saptapadi' in Hindu marriage. However, Saptapadi is not necessary for all marriages but where saptapadi is observed as a ceremony, when last step taken around the fire the marriage will be considered complete.
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Your marriage is not legally ‘solemnized’ if you do not follow the essential ceremonies followed by either your or your spouse’s communities. There are different customer requirements in different parts of the country – generally, in north India, saptapadi and invocation before the sacred fire are considered essential ceremonies. However, these are not considered essential ceremonies in states like Tamil Nadu and Pondicherry – an exchange of garlands or rings and tying a thali is considered enough.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
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