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regular-article-logo Sunday, 23 June 2024

'Kanyadaan' not necessary for solemnising marriage under Hindu Marriage Act: Allahabad High Court

Whether the ceremony of kanyadaan was performed or not, would not be essential for the just decision of the case and, therefore, a witness cannot be summoned under Section 311 CrPC for proving this fact, says the court

PTI Lucknow Published 08.04.24, 02:26 PM
Allahabad High Court.

Allahabad High Court. File picture.

The Allahabad High Court has held that 'kanyadaan' is not necessary for solemnisation of marriage under the Hindu Marriage Act, and only 'saptapadi' is an essential ceremony.

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.

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In its order on March 22, the court said the Hindu Marriage Act merely provides for 'saptpadi' (seven steps or saat pheras) as an essential ceremony of a marriage.

Considering the overall circumstances, kanyadaan is not necessary for solemnization of Hindu marriage, the court said.

"Whether the ceremony of kanyadaan was performed or not, would not be essential for the just decision of the case and, therefore, a witness cannot be summoned under Section 311 CrPC for proving this fact," the court said.

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

Except for the headline, this story has not been edited by The Telegraph Online staff and has been published from a syndicated feed.

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