Pheras Around Burning Aggarbattis The Same As Pheras Around ‘Sacred Fire’ Contemplated Under Hindu Marriage Act

Mr Samit Subhash Agarwal vs Ms Kamlesh Lataprasad Gupta

Bombay HC

27/04/2018

FAMILY COURT APPEAL NO.154 OF 2012 IN PETITION NO.A-739 OF 2009

About/from the judgment:

After examining the facts on record, the court refused to accept that marriage was performed with coercion or force. The court noted that immediately after the marriage was performed, the respondent wife was taken to the appellant husband’s house and they stayed together till April 28, 2009. The bench also noted that the couple had a physical relationship, therefore, the appellant had failed in proving that the marriage was against his free will.

 

The court also rejected the argument submitted by the appellant’s lawyer that the Saptapadi ceremony (i.e., taking seven steps by the bridegroom and the bride jointly before the sacred fire) was not performed and, therefore, the marriage had to be declared null and void.

 

It then referred to the testimony of Bhogendra Jha, the priest who performed the marriage ceremony. In his statement, the priest stated that he uttered the mantras and the appellant-husband and the respondent wife had taken seven pheras around the bundle of burning agarbattis (incense sticks).

 

The court said:

 

“What is a sacred fire has not been defined in the Act. The fact that there was a bundle of agarbattis that was burning and the Appellant and the Respondent took seven pheras around the said agarbattis is not disputed. This being the case, at least to our mind, this would be enough to show that there was compliance of section 7 of the Hindu Marriage Act, 1955.”

 

The bench appreciated the judgment of the family court and upheld the decree for restitution of conjugal rights.

Read the Judgment

Knowledge and content of about almost all their respective descriptions are borrowed from law-related blogs and websites, we, therefore, wish to give proper credit to all the respective law-related blogs and websites like LiveLaw, Bar and Bench, LatestLaws, PathLegal, FirstLaw, Lawctopus, IndianKanoon, Manupatra, LegallyIndia etc.. Many of the judgments are also taken from them websites of Hon'ble Supreme Court and other respective Hon'ble High Courts!

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