look news india
The Allahabad High Court has said in a judgment that as per the Hindu Marriage Act, the ritual of Kanyadaan is not necessary for the consummation of a Hindu marriage. The bench of Justice Subhash Vidyarthi said that Saptapadi Phera is the only essential ceremony in a Hindu marriage. The court said that there is no basis to recall the witnesses. With this comment, the court rejected the review petition to recall both the witnesses. A person named Ashutosh Yadav had filed a review petition challenging an order of Additional Sessions Judge Lucknow. The court took note of the petitioner's contention that the marriage certificate produced by the prosecution mentioned that the marriage was solemnized in February, 2015 as per Hindu customs, according to which Kanyadaan is an essential ritual. The court said that the trial court in its order had taken note of the contention of the review petitioner that the marriage certificate produced by the prosecution mentioned that the marriage was solemnized as per Hindu rituals. However, the facts of the Kanyadaan ceremony need to be ascertained. Therefore there is a need for re-examination. The High Court said that Section 311 of the CrPC empowers the court to call any witness it deems necessary for the rational decision of the case.
