In a significant ruling, the Patna High Court in Bihar has addressed the issue of forced marriages, particularly those involving coercion or pressure. According to the court, the mere act of applying vermillion, known as “sindoor,” under duress does not qualify as a legally binding marriage under the Hindu Marriage Act.
The court emphasizes that for a marriage to be recognized, both parties must willingly participate and complete the customary seven rounds around the sacred fire. In this particular case, the court nullified the marriage of an Indian Army constable who was abducted and coerced into marrying a woman at gunpoint in Bihar ten years ago.
The petitioner fled from the bride’s residence before the completion of all the customary practices and headed to Jammu and Kashmir to resume his duties. Upon his return on leave, he filed a plea in the family court of Lakhisarai seeking the annulment of his marriage. However, the family court dismissed his plea on 27 January 2020, prompting him to file an appeal in the Patna High Court.
The trial court’s decision was overturned by a division bench of Justices P B Bajanthari and Arun Kumar Jha. They disagreed with the family court’s belief that the petitioner’s case was unbelievable because she sought to annul the marriage. The case was not immediately registered, but the bench stated that the petitioner had been clear and there was no undue delay. In their order, the division bench referred to a Supreme Court judgment to highlight that, according to Hindu traditions, a marriage is not valid unless the ‘Saptapadi’ ritual is performed. The High Court ruled that the family court’s finding, which stated that the absence of the Saptapadi ritual does not invalidate the marriage, lacked merit.