Lucknow: The Lucknow bench of the High Court has said in a matrimonial dispute case that the ritual of Kanyadaan is not a mandatory tradition for solemnizing a Hindu marriage under the Hindu Marriage Act. The court said that according to the provisions, Saptapadi is the only tradition which is necessary to solemnize a Hindu marriage.
This comment has been given by the single bench of Justice Subhash Vidyarthi on a criminal revision petition filed on behalf of Ashutosh Yadav. On behalf of the petitioner, a request was made to re-summon a witness in the ongoing criminal case related to the marital dispute. The trial court rejected the petitioner's request, on which he approached the High Court.
It was argued on behalf of the petitioner that it is necessary to re-summon the prosecution witnesses, including the plaintiff, to establish whether his wife's marriage had taken place or not.
On this, the court referred to Section 7 of the Hindu Marriage Act, under which Saptapadi is considered a mandatory tradition for Hindu marriage. The court said that in view of the above provision, the question whether Kanyadaan took place or not is not relevant. Therefore, there is no need to summon the witnesses again. With these observations the court rejected the revision petition.
The Court further held that the power of the court under Section 311 CrPC cannot be exercised in a casual manner merely at the instance of the plaintiff as this power should be exercised only when it is necessary to summon a witness for making a proper decision in the case. Therefore the court rejected the criminal revision petition.
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