The recent ruling by the Allahabad High Court clarified that according to the Hindu Marriage Act, the ceremony of kanyadan is not a necessary component for the validation of a Hindu marriage.
Justice Subhash Vidyarthi’s bench highlighted that Section 7 of the Act specifies only saptpadi as a crucial ritual in Hindu marriages.
The court addressed a criminal revision petition challenging the trial court’s rejection of an application under Section 311 CrPC to recall witnesses.
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The petition claimed contradictions in a witness’s statements between her examination-in-chief and cross-examination, necessitating clarification through re-examination.
However, the court emphasized that witness statement discrepancies alone do not warrant witness recall under Section 311 CrPC. It noted the trial court’s acknowledgment of the petitioner’s argument regarding the ambiguity in the marriage certificate regarding the kanyadan ceremony’s occurrence.
Nevertheless, the high court stressed that Section 311, CrPC allows witness summons solely when crucial for a just case resolution, not merely to establish the presence of the kanyadan ceremony.
The court firmly stated that determining whether kanyadan occurred is irrelevant to the case’s just resolution and, thus, does not justify witness summons under Section 311 CrPC. It cautioned against the casual exercise of the court’s power under Section 311 CrPC, emphasizing its necessity solely for ensuring a fair trial and just case resolution.
