38.6c New Delhi, India, Sunday, July 21, 2024
Judiciary

Is 'kanyadaan' essential to get married?

By Mahima Katal      08 April, 2024 05:46 PM      0 Comments
Is kanyadaan essential to get married

Prayagraj, Uttar Pradesh: Kanyadaan is not necessary for solemnization of Hindu marriage, Allahabad High Court has observed recently.

In its order dated March 22, the court clarified that the Hindu Marriage Act explicitly mandates 'saptpadi' as the essential ceremony for marriage. It further stated that the presence or absence of the 'kanyadaan' ritual does not impact the validity of the marriage. 

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.

Hindu Marriage Act merely provides saptpadi as an essential ceremony of a Hindu marriage and it does not provide that the ceremony of kanyadan is essential for solemnization of a Hindu marriage. Whether the ceremony of Kanyadan was performed or not, would not be essential for the just decision of the case and, therefore, a witnesses cannot be summoned under Section 311 Cr.P.C. for proving this fact.

In the affidavit filed in support of the application under Section 311 Cr.P.C., the applicant has stated that there are some contradictions between the statements given by P.W.-1 in her examination-in-chief and in her cross examination, which can only be clarified by re-examination of P.W.-1 and her father-P.W.2. Discrepancy in statements of witnesses is no ground for recall of the witnesses under Section 311 Cr.P.C., the order reads.

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

In the impugned order dated 06.03.2024, the trial court has recorded contention of the revisionist that the marriage certificate filed by the prosecution mentions that the marriage was solemnized on 27.02.2015 in accordance with Hindu rites and rituals, as per which, Page 1 of 3 Kanyadan is an essential ritual. To ascertain this fact, re-examination of P.W.-2 is necessary, the order further reads.

What is 'Kanyadaan'?

'Kanyadaan', is an age-old ceremony in the Hindu tradition that has of late found itself amidst severe criticism. Often referred to as Mahadaan, in this practice the brides father takes her hand and offers it to the groom, symbolically giving her away.

 

[Read Order]

 



Share this article:

About:

Mahima Katal, journalist with a commitment to high-quality research, writing, and production. Proven...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

"No Loudspeakers For Azan, No Fundamental Right To Create Noise," Says Allahabad HC To Two Mosques [Read Judgment] "No Loudspeakers For Azan, No Fundamental Right To Create Noise," Says Allahabad HC To Two Mosques [Read Judgment]

Further reasoning of the court was based on consideration of the fact that a mixed population resides in that area, comprising Hindus and Muslims both, which lead to the tension between both the groups regarding the use of loudspeakers.

Allahabad High Court to Hear Ghazipur MPs Plea against Ban on Azaan Allahabad High Court to Hear Ghazipur MPs Plea against Ban on Azaan

Hence, although an ongoing religious practice, the use of loudspeakers in the performance of Azaan remains a debatable question.

CBI failed to complete probe into Mathuras 2016 Jawahar Bagh incident. HC to take up PIL by Ashwini Upadhyay CBI failed to complete probe into Mathuras 2016 Jawahar Bagh incident. HC to take up PIL by Ashwini Upadhyay

NEW DELHI: The Allahabad High Court is scheduled to take up on Friday a plea filed by advocate Ashwini Kumar Upadhyay related to CBI probe into the infamous Jawahar Bagh incident of June 2, 2016, which the central investigating agency failed to complete even after 80 months of the order.

TRENDING NEWS


TOP STORIES

need-to-develop-law-legal-education-in-vernacular-languages-cji
Trending Judiciary
Need to develop law, legal education in vernacular languages: CJI [Read Speech]

CJI D.Y. Chandrachud emphasizes the need for developing law and legal education in vernacular languages to make legal systems accessible to all citizens.

15 July, 2024 09:30 AM
cic-has-powers-to-set-up-benches-sc
Trending Judiciary
CIC has powers to set up benches: SC [Read Judgement]

The Supreme Court affirms CIC's authority to set up benches, emphasizing its autonomy for efficient case management under the RTI Act, overturning the 2010 Delhi HC order.

15 July, 2024 09:42 AM
high-court-halts-investigation-orders-police-to-register-crimes-under-new-laws
Trending Crime, Police And Law
High Court halts investigation, orders Police to register crimes under new laws [Read Order]

Karnataka High Court stays investigation, directs police to use the new Bharatiya Nyaya Sanhita instead of the old Indian Penal Code for registering crimes.

15 July, 2024 10:37 AM
this-cant-be-done-madras-hc-observes-on-slaughtering-goat-with-tn-bjp-chief-on-defeat-in-ls-polls
Trending Judiciary
'This can't be done,' Madras HC observes on slaughtering goat with TN BJP chief on defeat in LS polls

Madras HC observes "This cannot be done" on PIL seeking action against DMK cadres for slaughtering a goat with TN BJP chief Annamalai's photo after LS poll defeat.

15 July, 2024 12:13 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email