Hindu Marriage Act | Presumption Of Valid Marriage Doesn't Always Diminish Merely Due To No Direct Evidence Of 'Saptapadi': Delhi High Court

The Delhi High Court has ruled that the presumption of a valid marriage is not diminished simply because there is no direct or positive proof of the ceremony of Saptapadi having taken place between the parties.

A division bench comprising Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar said that if there is even some evidence showing that the parties went through a form of marriage, the presumption becomes stronger.

The Court referred to Section 7(2) of the Hindu Marriage Act and noted that the provision provides that where the rites and ceremonies include Saptapadi- taking seven steps by the bridegroom and the bride jointly before the sacred fire, the marriage becomes complete and binding with the seventh step.

It said that Section 7(1) of the enactment confers discretion on the parties to solemnise marriage as per the customs and ceremonies of either party, without mandating any particular ceremony.

“Thus, performance of Saptapadi is not an indispensable requirement in every case to establish a valid marriage. Sub-section (2) only clarifies that where Saptapadi is a part of the customary rites performed, the marriage attains completeness and binding force with the seventh step,” it said.

The Bench was dealing with an appeal preferred by a husband challenging a family court order rejecting his suit seeking to declare the marriage with his wife as null and void, on the account that Saptapadi was not performed between them.

Dismissing the husband's appeal, the Bench said that it was admitted that the parties were residing together, although the date of separation was disputed, and a child was born to the parties.

It noted that when a child is born to such a couple, there arises a strong presumption that the marriage is legitimate.

The Court said that the husband himself admitted that he was residing with the wife as a couple and only ceased cohabitation upon learning that Saptapadi had not been performed between them.

The Bench said that the burden of proof being on the husband to establish that no Saptapadi was performed, an adverse inference cannot be drawn against the wife for not producing the marriage album to demonstrate the ceremonies.

“Even assuming such an album were produced, it cannot conclusively establish whether Saptapadi was performed,” the Court said.

“In view of the above discussion, we do not find any reason to interfere with the impugned Judgement because the conclusion of the Family Court is plausible and possible. The appeal is dismissed,” it added.

Title: X v. Y

Citation: 2025 LiveLaw (Del) 1078

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