Case:- Vinod Kumar vs. Ms. Geeta
Citation:- MAT.APP.(F.C.) 317/223
Date:- 27.08.2025
Delhi High Court Bench:- Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar
The Hon’ble 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.
Key Takeaways:-
- The Hon’ble Court held that Section 7(1) of the Hindu Marriage Act, 1955 (HMA) allows parties to solemnise marriage as per their own customs, hence Saptapadi is not mandatory in every case. Section 7(2) of HMA only clarifies that where Saptapadi is part of the custom, marriage becomes binding with the seventh step.
- The Hon’ble Court stressed that even some evidence showing that the couple went through marriage strengthens the presumption of validity of the marriage.
- In this case, the husband sought annulment claiming no Saptapadi was performed.
- The Hon’ble Court noted that the couple lived together, and a child was also born, which gives strong presumption of legitimate marriage. The Husband himself admitted to cohabitation, only later questioning the ceremony.
- The Hon’ble Court dismissed the Appeal and upheld the Family Court’s order.
