...been performed. It was held that mere admission on the part of the accused may not be sufficient.12. The question as to whether “saptapadi” is an essential ritual to be...the second marriage perform traditional Hindu form of marriage, “saptapadi” and “datta homa” are essential ceremonies and without there being these two ceremonies, there would not be a valid marriage..., “saptapadi” had not been performed and therefore, the second marriage was not a valid marriage and no offence was committed by the appellant. The learned Single Judge reversing this decision in appeal...

...‘saptapadi’ to establish the factum of second marriage of accused (Respondent 1). The High Court found that it was not a fit case for grant of leave to appeal. Thus, the present criminal appeal against the...impugned order dated 18-7-1978 was passed by High Court.2. The only point urged before us is that though ‘saptapadi’ a fact has not been proved, there is enough evidence to...that the courts below have correctly appreciated the legal position. It is ‘saptapadi’ which establishes the factum of marriage, being an essential ceremony. Without proof of such a ceremony, a case...

...that “Saptapadi” is not an essential ceremony for a valid marriage and exchange of garlands three times and utterance of father of bride that he is giving his daughter in the presence of Agni Deva is...sufficient to constitute a valid marriage.14. In the case on hand, there is no evidence to prove that “Saptapadi” is not an essential ceremony in the community of accused no. 1 and 2...- performance of “saptapadr not proved-No plea that accused's marriage was performed as per custom which dispensed with saptapadi-Oral evidence and letter to effect that accused and his alleged second...

...law in holding that Saptapadi was not essential. It is also submitted by him that in view of the clear admission of Smt. Pushpa Devi that at the time of marriage, no “Pandit” was present and marriage...ceremonies and rites necessary for a valid marriage among the Modis are necessary. Besides, in the absence of evidence to show that among the Naiks of Rajasthan, Saptapadi is not essential for a valid marriage, it would be ...appearing for the petitioner is that the petitioner Raju @ Raj Kumar is admittedly of Modi caste and among the Modis, for a valid marriage, Saptapadi is essential. It is also submitted by him that the...

...Rajasthan, Saptapadi is essential for a valid marriage and both the Courts below have committed a grave error of law in holding that Saptapadi was not essential. It is also submitted by him that in...the absence of evidence to show that among the Naiks of Rajasthan, Saptapadi is not essential for a valid marriage, it would be presumed that Naiks being an integral part of the Hindu community do follow the normal Hindu ri...Modi caste and among the Modis, for a valid marriage, Saptapadi is essential. It is also submitted by him that the non-petitioner No. 1 Smt. Pushpa Devi is a resident of Rajasthan and among the Naiks of...

...step is taken. This itself shows that Saptapadi is not a necessary ceremony in all Hindu marriages and that only in those marriages where Saptapadi is an essential ceremony, the marriage becomes...Tali. It was not even suggested to the complainant or other witnesses that Saptapadi is an essential ceremony for the validity of the marriage in the community of the parties. The Courts below have...differ from the said finding.The learned Advocate for the petitioner, however, contended that under Hindu Law Saptapadi is an essential ceremony for a valid marriage and that there is no...

............." 11. In Dolganti Raghava Reddi2, itwas held that Homam and Saptapadi ceremonies are not essential in the Reddy Community in Telengana area and that marriage performed without su...must follow is that the requirement of Saptapadi also is not necessary. Similarly, in Mallikhajunappa v. Erramma3, it was held that the only essential ceremonies in the marriage of Lingayat Reddy...Community are tying of tali and Kankan bandhanam and that Kanyadan and ‘Saptapadi’ do not constitute essential part of the necessary marriage ceremonies. 12. In Kapila Venkata...

...)1. It is observed by the Apex Court that if as per the community customs, Saptapadi is not essential, the marriage does not became invalid, if other customs and rites followed in the community are...section 494 of I.P.C., it is necessary to prove that as per the customs of community Saptapadi was not necessary for solemnization of the marriage. In the case reported as...described in the complaint. At the relevant time, the complainant was not cohabiting with the accused No. 1, though their marriage had taken place 16 years prior to the second marriage of accused No. 1...

...the ceremonies of Lajahom and Saptapadi, if they were not the essential ceremonies according to the rites and custom prevailing in their community or caste. It was submitted on behalf of the respondent...merely because the ceremonies of Lajahom and Saptapadi, which were not the essential rites and according to the custom prevailing in the Halba community, were not performed. The counsel for the...and circumstances of the case, it can not be said that the marriage was validly performed between the plaintiff and defendant No.1 in view of the fact that the ceremonies of Lajahom and Saptapadi were...

...” and “Saptapadi”.8. Mr. Solshe, learned Advocate appearing for the defendant (appellant) would submit that proof regarding performance of “Saptapadi” was not essential to establish valid...like “Saptapadi” and “Ashtika” or “Homa” cannot be regarded as the essential requirements of a valid marriage. Hence, he urged to set aside the impugned Judgment. Per contra, learned Advocate Mr. Natu...marriage “Akshadas” were distributed and “Mantras” were chanted. She deposed further that invoking sacred fire and “Saptapadi” were not the ceremonies to be performed as per custom of her caste. They...

...and the second wife, in defiance of the law applicable to the parties, was held to be a marriage not valid in law. The ceremony of Saptapadi is one of the essential requirements for constituting a valid...) (supra) to hold that Saptapadi was an essential element of a Hindu Marriage, which was not evidenced in Nathi Ram's case. In other words, there was no evidence to show that Nathi Ram and Bijma performed...Saptapadi are the essential rights for a marriage according to the law governing the parties. There was no evidence in the case of Smt. Priya Bala Ghosh (supra) as also in the instant case, that these two...

...not amount to a marriage according to Arya Samaj rites, for the Saptapadi is one of the essential features of an Arya Samaj Marriage. The principal difference between a Hindu marriage according to...come to be generally performed and even thought to be an essential marriage rite rather than the Saptapadi. According to law, a marriage is complete only when the seventh step of Saptatpadi is taken...not valid because what the parties had done in that case was to walk round the sacred fire seven times instead of ‘the bride merely taking the seven steps required in the Saptapadi ceremony.’ The court...

...that according to the customary rites of either of the parties for the solemnization of the marriage Homa and Saptapadi are not essential rites.23. It is the consistent case of the respondent that Homa and ...stated to have been performed by the applicant. On the other hand, it has not been asserted by the appellant that the Homa and Saptapadi are not essential rites according to the customs of his family...the parties belong to different castes or not, such rites and ceremonies include the Saptapadi, that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire; the...

...Chandra Ghosh, AIR 1971 SC 1153, that the Homa and Saptapadi are the essential rights for a marriage according to the law governing the parties. There was no evidence in the...Court in Santi Deb Berma v. Kanchan Prava Devi (Smt) (supra) that the performance of Saptapadi is an essential ingredient to show that...ceremony of Saptapadi is one of the essential requirements for constituting a valid marriage, which evidence was conspicuous by its absence in the present case. There is no illegality in the judgment of...

...neither of the rites nor any of ceremonies even including Saptapadi has taken place. To have a valid Hindu Marriage essential rites which may be said to be the requirement under any ceremonial marriage...their community. If they want to marry, then, the essential rites for ceremonial marriages are as stated above, namely, invocation before the sacred fire and Saptapadi. When the essential rites are...admittedly not performed, it cannot be said to be a Hindu Marriage. In the instant case, is the petitioner and Varshaben and the priest-Rohitkumar has admitted that no essential rites were performed either...

.... Sivagami]. It is observed by the Apex Court that if as per the community customs, Saptapadi is not essential, the marriage does not became invalid, if other customs and rites followed in the community...section 494 of I.P.C., it is necessary to prove that as per the customs of community Saptapadi was not necessary for solemnization of the marriage. In the case reported as 2001 CRI.L.J. 1583...wife alive. The role played by each of the accused in the second marriage of accused No. 1 is described in the complaint. At the relevant time, the complainant was not cohabiting with the accused No...

...that the two ceremonies i.e. Homa (invocation before the sacred fire) and Saptapadi are essential for every Hindu marriage and unless custom otherwise is pleaded and established it will not amount to a...bigamy. This would mean that the ceremonies which are most essential for the purpose of a Hindu marriage are Homa and Saptapadi, unless the parties plead and prove that they are not essential and that they have oth...Section 7 of the Hindu Marriage Act, that it was not performed in accordance with the essential requirements of a valid marriage under Hindu Law, as ...

...the essential ceremony of a Hindu valid marriage, that is, saptapadi was performed. He has admitted in cross-examination that he was not a purohit by profession. He has stated that he has been working...ignorance of the essential ceremonies that he did not perform Saptapadi while performing the marriage of the accused Nos. 1 and 2. P.W 2 Samsingh has not stated that there was any invocation before the...place between the parties.7. In the said decision as the required two essential ceremonies had not been performed, their Lordships set aside the conviction of the accused for an offence...

..., the mere fact that the petitioner had lived with such a woman with whom some ceremonies of marriage had been performed will not satisfy the essential ingredient to prove the charge under...marriage becomes complete and binding when the seventh step is taken. When it is proved that Saptapadi Gaman is not a part of the Customary rite it need not be performed. Otherwise Saptapadi remains as...stated that during ‘Kushandika’ the function of Saptapadi is held. Under the Act the taking of seven steps by the bride-groom and the bride together before the nuptial-fire lb an essential ceremony...

...which the marriage was to be performed. Saptapadi was an essential component of the “Hindu rites” constituting the marriage. As Saptapadi was not performed, the attempted marriage was contrary to...the fire and performed Havana reading some ‘manthras’. Kanyadan, Panigrahana and Saptapadi were not performed. The Purohit did not perform these ceremonies which should have been performed by him. He...she stated that after the Havana, nothing else happened in the Arya Samaj Mandhir and thus confirmed her statement that Kanyadan, Panigrahana and Saptapadi were not performed at all...