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Allahabad HC's decision on Kanyadaan: Is 'Kanyadan' not necessary in a Hindu marriage? Allahabad High Court has accepted this. While giving its verdict on a case, the High Court said that Kanyadaan is not an essential ritual in a Hindu marriage.
A man named Ashutosh Yadav was fighting a criminal case related to a matrimonial dispute filed by his in-laws. Ashutosh had challenged the order issued by the Additional Sessions Judge of Lucknow on March 6 this year. He had told the trial court that the ritual of 'Kanyadan' was necessary for his marriage, which was not done in his case.
In this regard, the High Court cited Section 7 of the Hindu Marriage Act, under which Saptapadi i.e. 'Saaf Phera' is considered a mandatory tradition for Hindu marriage. Justice Subhash Vidyarthi said, 'Saptapadi means seven rounds are required for marriage under the Hindu Marriage Act. Kanyadaan is not a mandatory condition in this. Ashutosh's revision petition for giving away this deer was rejected.
What is the whole matter?
Ashutosh had said in his petition that he was married on 27 February 2015 as per Hindu customs. In which Kanyadaan is necessary. She also had an application to call two witnesses from her in-laws' side to find out whether the marriage had taken place or not. The trial court had rejected his application in this regard. Therefore Ashutosh filed an application in the High Court.
Ashutosh argued for issuing summons to the witnesses under section 311 of CrPC. In this regard, the High Court said, “What is being tried to be proved by calling witnesses is not correct. The court has the right to call any witness under Section 311 of CrPC, but this right cannot be used only on appeal.” The plaintiff can exercise this right only when it is necessary to call a witness for the proper decision of the case” and dismissed his appeal.
What are the beliefs of people regarding Kanyadaan?
Many argue that the Kanyadaan ritual, which dates back to the Vedic era, when girls were married at an early age and required guardians, is outdated today. Some scholars and feminists consider this ritual inappropriate and many syllabuses oppose it. Bollywood actress Dia Mirza did not perform Kanyadaan and farewell ceremony during her wedding in February 2021.
In September 2021, Alia Bhatt appeared in a bridal wear advertisement questioning the ritual of Kanyadaan. Sitting in the mandap dressed as a bride, she asks why her family always treats her as a temporary part of the family despite loving her so much. “Am I eligible for donation? Why only Kanyadaan?”
But apart from celebrities, common people are also speaking against these patriarchal traditions. In 2019, a video of a Bengali father went viral on Instagram when he refused to do Kanyadaan. The man justified the decision and said that his daughter was not an asset that could be donated, so he would not follow the ritual.
However, the importance of this ritual dates back to the Vedic period. In which the bride's parents look at the fire and chant mantras. Kanyadaan does not mean donation of the bride. Aadat means to take or absorb. This means that the father is responsible for the upbringing of the bride but after the marriage this responsibility is handed over to the groom through the Kanyadaan ceremony. Also the groom accepts this responsibility by promising to fulfill it properly. Therefore one party considers this ritual very important and follows it.
What is Hindu Marriage Act?
The Hindu Marriage Act 1955 covers matters related to Hindu marriage and divorce. Besides, the validity of marriage has also been mentioned under Section 5 of this Act. In Hindu religion, when it comes to the rules of marriage, the most important condition is that at the time of marriage, the age of the boy should be above 21 years and the age of the girl should be above 18 years, apart from this, the age of both the boy and the girl should be above 18 years. Must be more than one year. The girl should not be already married. Also both should not spin. According to Section 7(2) of this Act, a Hindu marriage will be considered valid only when the Saptapadi ceremony is completed. That means the marriage will become valid as soon as the seventh round takes place.
What is the law regarding divorce?
Section 13 of the Hindu Marriage Act provides for divorce. Some reasons for divorce are mentioned in this…
– If one of the spouses voluntarily has sexual relations with a third person, divorce can be sought on that basis.
Apart from this, divorce can also be granted if there is mental or physical cruelty or if one of the spouses is suffering from a mental or infectious sexual disease.
– Divorce can also be sought if one of the spouses leaves the family or the husband is found guilty of rape after marriage.
– Section 13B of the Hindu Marriage Act mentions divorce by mutual consent. However, an application for divorce by mutual consent under this section can be made only if the marriage has lasted for at least one year.
There is also a provision in this section that the family court gives at least 6 months time to both the parties to reach an agreement and if still no agreement is reached then divorce takes place. However, in April last year, the Supreme Court had made it clear in a decision that if the relationship between husband and wife has broken down to such an extent that it cannot be mended, then he can grant divorce on that basis.
