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

Allahabad High Court observbes that ‘kanyadaan’ is not essential for Hindu marriage and only ‘saptapadi’ is an essential ceremony

A general view of the Allahabad High court. File photo: AFP via Getty Images

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.

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 solemnisation 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.

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