Lucknow: In a significant judgement, the Allahabad high court has said that 'kanyadaan' (a ritual during the Hindu marriage where the bride is given away symbolically to the groom) is not an 'essential' for solemnisation of a Hindu marriage.
A single bench comprising Justice Subhash Vidyarthi of the Lucknow bench said while pronouncing its order that 'saptapadi' (going round the fire seven times by the bride and groom) was essential ceremony of a Hindu marriage.
''The Hindu Marriage Act merely provides saptpadi as an essential ceremony of a Hindu marriage and it does not provide that the ceremony of kanyadan is essential for solemnization of a Hindu marriage,'' the court said in its judgement recently.
The decision of the court came on a writ petition filed by one Ashutosh Yadav who had contended that the ritual of 'kanyadaan' had not been performed in his marriage.
''Whether the ceremony of Kanyadan was performed or not, would not be essential for the just decision of the case and, therefore, a witness cannot be summoned under Section 311 Cr.P.C. for proving this fact,'' the court further said.
It said that Section 311 Cr.P.C. empowered the Court to summon any witness in case it is essential for a just decision of the case.
''The affidavit filed in support of the application under Section 311 Cr.P.C. merely states that the accused is desirous to re-examine P.W.-1 and her father as there are some discrepancies in the statement of P.W.-1 recorded during her examination-in-chief and her cross-examination. Discrepancies in the examination and cross examination of a witness do not give rise to a ground for recall of the witnesses and for calling another witnesses. Moreover, from the submissions made on behalf of the applicant before the trial court, it appears that the aforesaid witnesses are being sought to be examined to prove whether the ceremony of Kanyadan was performed or not,'' it said.