Unravelling the legal complexities of 'Pakadua Vivah': Patna HC case study

The recent case that unfolded in the hallowed halls of the Patna High Court revolves around a forced marriage known locally as “pakadua vivah”, which took place a decade ago. The court’s decision, grounded in the incomplete Hindu ritual of “Saptapadi” (seven vows around a sacred fire), as mandated by the Hindu Marriage Act of 1955, has far-reaching implications. Notably, the court highlighted the absence of evidence indicating that the woman had cohabited with the petitioner post-marriage, further undermining the marriage’s legitimacy.

- PYALI CHATTERJEE

This case was brought before the court by Ravi Kant, an Army constable hailing from Ravra village in Nawada. Kant’s petition alleged that he was coerced into marrying a woman from Chauki village in Lakhisarai at gunpoint during a visit to the Ashok Dham temple in 2013. Kant’s legal journey commenced when his plea for annulment was summarily rejected by a family court in January 2020, compelling him to escalate the matter to the High Court.

In a judgment delivered by Justices P. B. Bajanthri and Arun Kumar Jha on November 18, 2023, the High Court clarified a pivotal aspect of Hindu marriages. It underscored that a Hindu marriage attains completeness and legal binding only after the performance of the “Saptapadi” ritual. Given that this ritual remained unfulfilled in Kant’s case, the court deemed the marriage legally nonbinding. Notably, the judges found the respondents’ claims, asserting the completion of all rituals, including “Saptapadi”, lacking convincing evidence, especially in light of Kant’s allegations of forced marriage. Jitendra Kumar Verma, Ravi Kant’s lawyer, expressed satisfaction with the High Court’s decision, which overturned the family court’s prior ruling. Additionally, the court observed that a dowry case filed against Kant in 2015 appeared to be an afterthought. On the other hand, the respondent’s lawyer, Shashant Shekhar, indicated that they were scrutinizing the High Court’s verdict to determine if it could be legally challenged, focusing on its finer legal points.