Law Kumar Mishra
Patna, November 25
A division bench of Patna High Court consisting Justice P B Bajanthri and Justice Arun Kumar Ojha has declared 10 years old marriage of an army jawan as null and void as Saptapadi was not performed.
The judges observed mere putting vermillion on the forehead of a bride was not qualified to be a marriage under the Hindu Marriage Act. In its 37 pages judgement, the court declared the marriage of army jawan annulled on the ground of absence of consent of the jawan, who had alleged he was kidnapped and forced to put vermillion on the forehead of the girl. The court said, “His consent was obtained under force as he was threatened at gun point.”
The High Court set aside an earlier order of Family court as “not sustainable”. The marriage of the appellant petitioner with the respondent stands annulled”, the two judges said.
According to the court, “It is surprising that the Pandit (Priest) who performed the marriage ceremony has no knowledge about the essentials of the marriage ceremony . The photographs at the gun point can not help the case of the girl since it has not been properly exhibited and could not be considered admissible. Marriage was under duress.
The Saptapadi is taking of seven steps by the groom and the bride jointly before the sacred fire. The marriage is complete and binding when the seventh step is taken, the bench observed.
Army jawan, Ravi Kant who was posted in Jammu and Kashmir in June 2013, had come to his village home on leave and had gone to the famous Ashokdham temple in Lakhisarai district for puja. There he was kidnapped at gun point and taken to a house, where he was forced to put Sindur (vermillion) on the forehead of Bandana Kumari without his consent and under duress.
His uncle filed a complaint in the police station and chief judicial magistrate. Later, the jawan filed a petition in the court of District Family family seeking annulment of the marriage. But the family court on January 27, 2020 declared the marriage valid. Aggrieved over the order, jawan approached Patna High Court which set aside family court order.
Pakaduva Vivah (forced marriage) is common in the central and north Bihar, where boys with government services and ancestral property are kidnapped at gun point and forced to marry. It is common in Begusarai, Nawada, Lakhisarai, Jahanabad, Mokamah and Pandarak Bakhtiarpur areas.
In 2019, Jabariya Jori, a film starring Parinit Chopda and Sidharth Malhotra was also screened and shot in the central Bihar areas. In the 70s, even college students were kidnapped and put to forced marriage at gun point. It is because of the heavy dowry demands by the parents of the grooms.
