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Judiciary

Is 'kanyadaan' essential to get married?

By Mahima Katal      08 April, 2024 05:46 PM      0 Comments
Is kanyadaan essential to get married

Prayagraj, Uttar Pradesh: ‘Kanyadaan is not necessary for solemnization of Hindu marriage…,’ Allahabad High Court has observed recently.

In its order dated March 22, the court clarified that the Hindu Marriage Act explicitly mandates 'saptpadi' as the essential ceremony for marriage. It further stated that the presence or absence of the 'kanyadaan' ritual does not impact the validity of the marriage. 

A bench of Justice Subhash Vidyarthi made the observation while hearing a revision petition filed by one Ashutosh Yadav, who had stated that his marriage under the Act mandated a 'kanyadaan' (giving away the bride) ceremony, which was not performed in his case.

“…Hindu Marriage Act merely provides saptpadi as an essential ceremony of a Hindu marriage and it does not provide that the ceremony of kanyadan is essential for solemnization of a Hindu marriage. Whether the ceremony of Kanyadan was performed or not, would not be essential for the just decision of the case and, therefore, a witnesses cannot be summoned under Section 311 Cr.P.C. for proving this fact.”

In the affidavit filed in support of the application under Section 311 Cr.P.C., the applicant has stated that there are some contradictions between the statements given by P.W.-1 in her examination-in-chief and in her cross examination, which can only be clarified by re-examination of P.W.-1 and her father-P.W.2. Discrepancy in statements of witnesses is no ground for recall of the witnesses under Section 311 Cr.P.C., the order reads.

Notably, Ashutosh Yadav had challenged an order passed by Lucknow additional sessions judge on March 6 while contesting a criminal case filed by his in-laws. 

In the impugned order dated 06.03.2024, the trial court has recorded contention of the revisionist that the marriage certificate filed by the prosecution mentions that the marriage was solemnized on 27.02.2015 in accordance with Hindu rites and rituals, as per which, Page 1 of 3 Kanyadan is an essential ritual. To ascertain this fact, re-examination of P.W.-2 is necessary, the order further reads.

What is 'Kanyadaan'?

'Kanyadaan', is an age-old ceremony in the Hindu tradition that has of late found itself amidst severe criticism. Often referred to as ‘Mahadaan’, in this practice the bride’s father takes her hand and offers it to the groom, symbolically giving her away.

 

[Read Order]

 



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