Introduction:

In a notable judgment, the Madhya Pradesh High Court emphasized the significance of Saptapadi in Hindu marriages, stating that without its performance, a marriage cannot be deemed valid. The bench, led by Justice Gurpal Singh Ahluwalia, dismissed a plea seeking to quash an FIR against four petitioners accused of abducting a woman and compelling her into marriage. The court’s decision hinged on the absence of Saptapadi in the alleged marriage, despite the petitioners presenting an exchanged garland (Varmala) and a filled Maang with vermilion (Sindoor) as evidence.

Arguments:

The counsel for the petitioners contended that a valid marriage had occurred between the victim and petitioner no. 1. They produced a marriage certificate and argued that the ritual of exchanging garlands and applying Sindoor validated the marriage. The plea sought to quash the FIR, asserting the legitimacy of the marital union. The prosecution maintained that the petitioners had forcibly abducted the victim, brought her to Jabalpur, and coerced her into signing marriage-related documents. They argued that the alleged marriage lacked the essential element of Saptapadi, making it invalid. The FIR accused the petitioners of offenses under Sections 366, 498-A, and 34 of the IPC.

Court’s Judgement:

The Madhya Pradesh High Court, in its order, highlighted the absence of legal provisions acknowledging marriage through the exchange of garlands. The court underscored the importance of the Saptapadi ceremony for a valid Hindu marriage. Rejecting the petitioner’s argument of a valid marriage, the court referred to the victim’s statement about her abduction and the coercive tactics used.

The court observed that the victim’s allegations, as outlined in the FIR, constituted a prima facie case of a cognizable offense. It emphasized that the court, exercising its power under Section 482 of Cr.P.C./Article 226/227 of the Constitution, should not impede ongoing investigations. The principle was articulated as not killing an unborn baby and not bringing the investigation to a halt.