In a significant judgment, the Allahabad High Court has ruled that a marriage certificate issued by an Arya Samaj temple does not by itself prove a valid Hindu marriage. The court emphasized that customary rites and ceremonies, including saptapadi (seven steps), are essential for a Hindu marriage to be legally valid.
Background:
The case arose from a suit filed by Shruti Agnihotri in 2009 under Section 12 of the Hindu Marriage Act, seeking to declare her alleged marriage with Anand Kumar Srivastava as null and void. Agnihotri claimed that Srivastava, who presented himself as a spiritual guru, had fraudulently obtained her signatures on documents and used them to claim a marriage had taken place at an Arya Samaj temple in Lucknow on July 5, 2009. Srivastava, in turn, filed a suit for restitution of conjugal rights.
The family court had dismissed Agnihotri’s suit and decreed Srivastava’s suit for restitution of conjugal rights. Aggrieved by this, Agnihotri filed an appeal in the High Court.
Key Legal Issues:
1. Whether a valid Hindu marriage was solemnized between the parties as per Section 7 of the Hindu Marriage Act?
2. Whether the marriage, if any, was with the free consent of the appellant or obtained fraudulently?
3. If the marriage was valid, whether the appellant had reasonable grounds to withdraw from the respondent’s society?
Court’s Decision:
The High Court allowed Agnihotri’s appeal, setting aside the family court’s judgment. The court held that:
1. No valid Hindu marriage was proved to have taken place between the parties as per Section 7 of the Hindu Marriage Act.
2. The marriage certificates issued by the Arya Samaj temple and the Registrar of Marriages do not by themselves prove a valid Hindu marriage.
3. The respondent failed to prove that essential customary rites and ceremonies for a Hindu marriage, including saptapadi, were performed.
4. The family court erred in presuming the marriage was valid without considering whether the prerequisites of a Hindu marriage were fulfilled.
Important Observations:
The court made several significant observations:
1. On Hindu marriage ceremonies:
“Unless and until the marriage is performed with appropriate ceremonies and in due form, it cannot be said to be ‘solemnised’. Requisite ceremonies for solemnisation of a Hindu marriage must be in accordance with the applicable customs or usage and where Saptapadi has been adopted, the marriage becomes complete and binding when the seventh step is taken.”
2. On marriage certificates:
“The Certificate issued by the Arya Samaj Mandir, Ganeshganj, Lucknow does not by itself prove marriage between the appellant/plaintiff and the respondent/defendant. None of the certificates mention about the ceremonies which were performed. Merely mentioning that marriage was performed as per vaidik rites itself does not prove marriage between the appellant/plaintiff and respondent/defendant.”
3. On registration of marriage:
“In the absence of there being a valid Hindu marriage, the Marriage Registration Officer cannot register such a marriage under the provisions of Section 8 of the Act. Therefore, if a certificate is issued stating that the couple had undergone marriage and if the marriage ceremony had not been performed in accordance with Section 7 of the Act, then the registration of such marriage under Section 8 would not confer any legitimacy to such a marriage.”
Case Details:
– Court: Allahabad High Court (Lucknow Bench)
– Case: First Appeal No. 239 of 2023
– Parties: Shruti Agnihotri (Appellant) vs Anand Kumar Srivastava (Respondent)
– Bench: Justice Rajan Roy and Justice Om Prakash Shukla
– Lawyers: Sunieta Ojha (for Appellant), Seema Kashyap (for Respondent)
