Uttar Pradesh: In Hindu marriage, not ‘Kanyadan’, but ‘Saat Phere’ is a necessary ritual… Allahabad HC dismisses the case against mother-in-law and father-in-law

The Lucknow bench of the Allahabad High Court, while hearing a case, remarked that ‘Kanyadan’ is not a necessary practice for solemnizing a marriage under the Hindu Marriage Act. The High Court, while hearing the revision petition filed by Ashutosh Yadav, said that according to the Act, only ‘Saptapadi’ (seven rounds) is an essential ceremony of a Hindu marriage. This comment was made by the single bench of Justice Subhash Vidyarthi.

According to an English newspaper report, Ashutosh Yadav had filed a petition in the Additional Sessions Court of Lucknow on March 6, fighting a criminal case related to a matrimonial dispute filed by his in-laws. Through his petition, he had requested the court to re-summon the two witnesses in the case. The court rejected his petition. On this he took refuge in the High Court.

On behalf of the petitioner, it was argued in the High Court that it is necessary to re-summon the prosecution witnesses, including the plaintiff, to establish whether his wife’s marriage had taken place or not. On this, the High Court referred to Section 7 of the Hindu Marriage Act, under which Saptapadi i.e. ‘Saaf Phere’ is considered a mandatory tradition for Hindu marriage.

Justice Subhash Vidyarthi said, ‘Keeping in mind the provisions mentioned in Section 7 of the Hindu Marriage Act, the question of whether kanyadan took place or not is not relevant. Because according to the Act, Kanyadaan is not a mandatory condition for solemnizing a Hindu marriage. In law, Saptapadi i.e. Saaf Phere is considered an essential ritual for solemnizing a Hindu marriage. Therefore, there is no need to summon the witnesses again. Therefore the revision petition is dismissed.

What is the tradition of Kanyadaan in Hindu marriage?

The significance of this ritual dates back to the Vedic era, in which the groom is considered an incarnation of Lord Vishnu, while the bride is considered an incarnation of Goddess Lakshmi. The ‘Kanyadan’ ritual is performed by the bride’s family, in which her parents usually offer their daughter to the groom amid chanting of mantras with fire as a witness. Kanyadaan does not mean donation of a girl child but exchange. Aadat means taking or receiving. During the Hindu marriage, while exchanging the daughter, the father says to the groom, ‘Till now I have nurtured my daughter and been responsible for her. From today onwards I hand over my daughter to you.’ After this the groom promises his father to fulfill the responsibility of the daughter. In this way the groom assumes the responsibilities of a father towards the daughter. This ritual is called Kanyadaan. Till Kanyadaan, the bride’s parents observe a fast.

What is the tradition of seven rounds in Hindu marriage?

Hindu marriage is not considered complete without seven rounds. According to Hindu scriptures, these seven rounds are considered the main pillars of stability in the relationship between husband and wife. It is called Saptapadi in Sanskrit. During the wedding, the bride and groom take 7 vows or vows with fire as a witness, which they have to follow throughout their life. In the first verse, the groom takes a pledge that he will always give a place to his future wife on his left side during any pilgrimage or religious function. In the second verse, the groom takes a pledge that he will respect the bride’s parents as he respects his own parents. In the third verse, the bride tells her spouse that if he takes a pledge to follow her and take care of her in every situation, then she is ready to come according to his wishes.

In the fourth verse, the bride tells her groom that your responsibilities will increase after marriage. If you resolve to bear this burden then I am ready to come to your request. In the fifth verse, the bride tells the groom that after marriage, before doing any household work, transaction or spending money, if you will definitely discuss with me once, then I am ready to come according to your wishes. In the sixth verse, the bride asks for a promise from the groom that he will always respect her. He will never insult him in front of others or get himself involved in any bad act nor will he get him involved. In the seventh verse, the bride asks for a pledge from the groom that in future he will not allow any stranger woman to come between their relationship and will treat every woman except his wife as a mother and sister.