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Kanyadaan not essential under Hindu Marriage Act, saptapadi is: HC

Update: 2024-04-09 09:20 IST

Allahabad: 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 'saptapadi' (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.

Understanding significance of ‘kanyadaan’

The ‘kanyadaan’ ritual, dating back to the Vedic era, symbolises the offering of the bride by her parents to the groom. In this ritual, the groom is regarded as an incarnation of Lord Vishnu, while the bride represents Goddess Lakshmi.

Traditionally, the bride’s parents perform the ‘kanyadaan’ ceremony, offering their daughter to the groom amid sacred chants and mantras. During ‘kanyadaan,’ the bride’s mother refrains from consuming food or water until the completion of the wedding ceremony.

In the ceremony, known as ‘Hasth Milap’ or ‘kanyadaan,’ the father of the bride places her right hand over the groom’s, symbolising the transfer of responsibility. The groom then pledges to treat his bride as an equal partner.

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