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anonymous   22 January 2024

Marriage without saptapadi is valid as per hindu marriage act?

Posting on behalf.
First marriage was ended with decree on ground of mutual divorce. After 8 months, I have married with one lady with 7 years old son. Rituals were performed in the temple only like normal hawan, pooja, exchange of ring, mangal sutra and not sure about sindoor. In the presence of 15 people only. Pandit g has given hand written certificate with signature. Following to this we went to hotel for lunch for 15 people. But no Sat fere or saptapadi was performed. We had plans that we will register our marriage. But due to fighting behaviour of wife, I denied for marriage registration and filed divorce case in the court. In exchange she has filed an application u/s24.

Question 1 In this scenario, where no Saptapadi or Sat fere were performed, is this valid marriage. I belongs to very small city and lawyers at my town is laughing on me to answer by saying that it is valid marriage only.
Question 2 I want separation only. Will have to file divorce case only if this is valid marriage?

Thanks in advance.


Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     22 January 2024

The marriage solemnised in a temple after the prohit performing the rituals in the presence of a smal gathering consisting 15 members is very much legally valid marriage, hence you have no option than to file a divorce petition seeking dissolution of your marriage on the grounds that you rely upon.

Dr. J C Vashista (Advocate )     23 January 2024

Marriage is valid, if the couple is Hindu. 

You may apply for judicial separation through a local prudent lawyer.

 


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