In a significant legal judgment, the Patna High Court has recently ruled to annul a 10-year-old forced marriage, locally known as “pakadwa vivah,” citing that the essential Hindu Marriage Act, 1955, requirement of the ritual of “Saptapadi” (commonly known as ‘saat phere’ or seven vows around the sacred fire) was not completed. Furthermore, the court found no evidence of the woman having lived with the petitioner after the alleged marriage.
The petitioner, Ravi Kant, an Army constable hailing from Ravra village under Kashichak police station in Nawada, had claimed in his petition that he was coerced into marrying a woman from Chauki village under Balgudar police station in Lakhisarai “at gunpoint” during a visit to the Ashok Dham temple in Lakhisarai on June 30, 2013. Subsequently, he lodged a complaint with the Lakhisarai family court, seeking to annul the forced marriage. Dissatisfied with the family court’s dismissal of his petition on January 27, 2020, he appealed to the Patna High Court.
A division bench comprising Justice P B Bajanthri and Justice Arun Kumar Jha delivered their verdict on November 18, 2023. The court emphasized that a Hindu marriage could be solemnized in accordance with the customary rites and ceremonies of either party involved. It clarified that when these ceremonies encompass ‘Saptapadi,’ the marriage becomes complete and legally binding only upon the completion of the seventh step. Conversely, if ‘Saptapadi’ is not completed, the marriage is not considered legally binding.
The court noted that the respondents had claimed that all rituals were performed, and ‘Saptapadi’ was completed but failed to provide any concrete evidence to support their claim. It emphasized that when the petitioner alleged that he was coerced into the marriage and that the ceremony did not adhere to the prescribed rites and rituals, the onus was on the respondents to counter these claims by demonstrating that the marriage was conducted according to the established customs. However, the evidence presented by the respondents did not support their case, and they could not provide convincing evidence that the petitioner was not forced into marriage.
The court also highlighted inconsistencies on the part of the respondents regarding the location of the marriage. While they initially claimed that the marriage took place at their residence, witnesses testified that it occurred at the Ashok Dham temple. Additionally, no receipts were produced to substantiate their claims, even though it was acknowledged that such receipts were typically issued for temple weddings. The court noted that the respondents failed to explain why no receipt was presented and why it was not reported as lost or misplaced. The judgment emphasized that the petitioner consistently maintained that he was coerced into the marriage at gunpoint, and all of his witnesses supported his version of events without contradiction.
In light of these findings, the Patna High Court concluded that the forced marriage lacked the essential completion of ‘Saptapadi’ and therefore did not meet the legal requirements under the Hindu Marriage Act, 1955. As a result, the court set aside the 10-year-old forced marriage, delivering justice to Ravi Kant.
