Burden To Prove Non-Performance Of 'Saptapadi' Lies On Party Challenging Marriage: Delhi High Court

Delhi High Court Upholds Marriage, Citing Strong Presumption from Cohabitation and Childbirth

New Delhi: The Delhi High Court, in a significant ruling on matrimonial law, has dismissed a husband's plea to declare his marriage null and void over the alleged non-performance of 'Saptapadi'. A Division Bench of Justice Anil Khetarpal and Justice Harish Vaidyanatha Shankar affirmed that the burden of proof to invalidate a marriage lies heavily on the person making the claim, especially when the couple has cohabited and has a child.

Case Background

The appellant, Vinod Kumar, sought to annul his marriage to the respondent, Geeta, solemnised on June 19, 2016. He contended that their union was invalid under the Hindu Marriage Act, 1955, as the essential ceremony of Saptapadi (the seven steps around the sacred fire) was never performed.

The couple had lived together, consummated the marriage, and had a daughter. Kumar claimed he ceased cohabitation on October 11, 2016, upon learning about the missing ceremony. The Family Court in Karkardooma had previously dismissed his suit on May 10, 2023, leading to the present appeal before the High Court.

Arguments in Court

The appellant's counsel argued that an adverse inference should be drawn against the wife for failing to produce the marriage album, which he claimed would have proven the absence of Saptapadi.

Conversely, the respondent's counsel maintained that all ceremonies, including Saptapadi, were duly performed. It was contended that the onus was on the appellant-husband to prove his claim, which he failed to do by not examining the priest or any other witness to the marriage.

Legal Principles and Court's Reasoning

The High Court meticulously analyzed Section 7 of the Hindu Marriage Act, 1955, which governs ceremonies for a Hindu marriage. The bench clarified that while Section 7(2) states that a marriage becomes complete and binding with the seventh step of Saptapadi where it is part of the custom , Section 7(1) allows for marriage to be solemnized according to the customary rites of either party, without mandating any single ceremony.

The court invoked the strong legal "presumption of a valid marriage," which is further strengthened by prolonged cohabitation and the birth of a child. The judgment cited a Bombay High Court precedent, Ningu Vithu Bamane v. Sadashiv Ningu Bamane , emphasizing this principle:

"The presumption in favour of marriage does not get mitigated or weakened merely because there may not be positive evidence of any marriage having taken place... The evidence for that should be strong, satisfactory and conclusive."

The bench observed that the appellant failed to discharge the heavy burden placed upon him. "The Appellant stepped into the witness box... however, he, notably, did not examine the priest, any guest or elderly person to prove the same," the court noted.

Regarding the marriage album, the court held that an adverse inference could not be drawn against the wife, as the burden of proof was on the husband. Furthermore, the court stated, "Even assuming such an album were produced, it cannot conclusively establish whether Saptapadi was performed."

Final Decision

Finding the Family Court's conclusion to be "plausible and possible," the Delhi High Court dismissed the appeal. The judgment reinforces the legal sanctity afforded to the institution of marriage, particularly when a child is involved, and clarifies that a party cannot easily disavow a marriage based on unsubstantiated claims about ceremonial omissions.