oppn parties As Per Hindu Marriage Act, Saptapadi Essential, Not Kanyadaan Says Allahabad HC

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  • Neha Bora was subsequently released and Dipke is to appear before a magistrate today at noon
  • Delhi Police detained Cockroach Janta Party founder Abhijeet Dipke, Neha Bora of AISA, student leaders and supporters ahead of a rally in Connaught Place demanding Chief Election Commissioner Gyanesh Kumar's resignation. The protest followed the detention and jailing of two CJP leaders earlier in the week over demonstrations at Jantar Mantar
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  • Finance Minister Nirmala Sitharaman said India's trade imbalance with China was growing sharply and attributed the problem partly to restrictions on Indian goods and services entering the Chinese market. China subsequently said it was ready to work with India to address mutual economic and trade concerns; India's trade deficit with China reached $69 billion in the first half of FY2026–27, up 27% year-on-year
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  • India defeated Zimbabwe by four wickets in the opening women's T20 International in Raipur, taking a 1–0 lead in the three-match series. Deepti Sharma and Niki Prasad combined in an 82-run stand after India's top order collapsed, helping the hosts chase down Zimbabwe's total of 114 for five
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  • The Supreme Court of India upheld the Bombay High Court's decision quashing the 2020 write-off of ₹8,415 crore in additional tier-1 bonds issued by Yes Bank (Yes Bank). The court ruled that the bank's administrator lacked the authority to extinguish the bonds under the final reconstruction scheme, strengthening bondholders' claims
  • The Supreme Court issued notices to the Election Commission of India, Delhi Police and opposition leaders, including Rahul Gandhi and Akhilesh Yadav, in separate petitions concerning electoral-roll revision and protests held in Delhi on October 10–12. The court also directed the preservation of CCTV footage linked to allegations of police excesses
  • The Supreme Court ruled that a person converting from Hinduism to Islam cannot automatically claim backward-class reservation benefits in the new religious community solely on the basis of their previous caste status. The judgment upheld the Madras High Court's decision striking down a 2024 Tamil Nadu government order that permitted such certification for specified communities
  • The Election Commission of India ordered a Special Summary Revision of electoral rolls in 14 states and three Union Territories, using January 1, 2027, as the qualifying date for voter eligibility. The draft rolls are scheduled for publication on November 12, claims and objections will be accepted until December 11, and the final rolls are due on January 4, 2027
Delhi HC refuses to ban CJP's Tiranga rally at Central Park in Connaught Place today /////// Police says will control and regulate it /////// NDMC closes the park for the public on Friday and Saturday
oppn parties
As Per Hindu Marriage Act, Saptapadi Essential, Not Kanyadaan Says Allahabad HC

By Sunil Garodia
First publised on 2024-04-11 07:44:54

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

The Hindu marriage is an elaborate affair and even without the ever-increasing pomp, events and sideshows associated with it, the main ceremony where the rituals are performed by the purohits in the mandap can be a exhilarating experience for the bride and the groom. There are hundreds of rituals that demand total focus from the couple and the girl's parents. Among them is the kanyadaan, or the giving away of the bride by the bride's father, that is now increasingly under the scanner as what many think is a regressive ritual given the fact that it is called 'daan' or donation which connotes that the bride is a commodity which can be given away as donation. The Allahabad HC, in a recent order, has categorically stated that kanyadaan is not an essential ritual under the Hindu Marriage Act and the Act only specifies the saptapadi (more commonly known as saat phere) as the essential ceremony to solemnize a marriage.

Although the new generation is increasingly protesting against what they feel is commodification of girls in such allegedly regressive practices, when fashion brand Manyavar/Mohey issued an ad in 2021 featuring Alia Bhat as a bride protesting against kanyadaan, which her character asks to be renamed as kanyamaan and which should include the groom's parents as well, there was a huge backlash on social media and the hashtag #Boycott Manyavar trended for many days. It showed that while the new generation is against regressive rituals, a significant number of Hindus see nothing wrong in kanyadaan being a part of Hindu marriage rituals. There is also a tradition in Christianity in which the bride's father 'gives' away the bride.

But with the Allahabad HC now confirming that kanyadaan is not an essential ritual to solemnize a Hindu wedding under the Hindu Marriage Act, at least for legal purposes it does not matter if the new generation wishes to exclude it from the wedding rituals. In the Hindu Marriage Act, Section 5 provides conditions under which a couple can marry and they include - legal age, not already married, not of unsound mind, not related by blood to each other (unless customs or usage permit such a marriage) and not sapindas of each other. If these conditions are fulfilled, Section 7 says that they can be married according to "customary rites and ceremonies of either party" and if the rites and ceremonies include saptapadi "the marriage becomes complete and binding when the seventh step is taken." It can be argued that if the customary rites and ceremonies of either party include kanyadaan, it can become a contesting factor if it is not performed, but even in the absence of kanyadaan, if saptapadi is performed (and if it is a customary rite or ceremony of either party), then the marriage becomes complete and binding with the completion of the seventh step, regardless of the fact whether kanyadaan, or for that matter any other ritual, was performed or not.