Sept 16, 2010
In a bizarre ruling, a family court in Kanpur district of Uttar Pradesh annulled the 12-year-old marriage of a couple on the basis of five ‘Phere’ (steps) and same gotras.
It was a shocking verdict for girl's father, who is fighting the legal battle since 22 August 2001.
In the 100-page ruling, the judge pronounced the verdict against Neeru, citing reduced Phere and same gotras. The judge said that as per the Article 11 of the Hindu Marriage Act 1955, the marriage was not completed due to reduced Phere and same gotra. As per the Hindu Marriage rituals seven Phere are compulsory. Surprisingly, the marriage was cancelled by the family court for just short of two Phere.
The 'Saat Phere' is an important ritual performed during the wedding in which the bride and the groom circumambulate a sacred fire, known as agni, seven times.
However, Neeru claimed that the 'Saat Phere' ritual was properly performed at a time of marriage.
Reacting on the decision, the Neeru's lawyer described it as a big mistake committed by the family court. He said that there were four evidences had been produced before the court.
The pundit, who performed the marriage, deposed twice before the magistrate and he confirmed completion of 'Saat Phere'. Four other witnesses were also produced before the court and marriage video was also played twice in the court, the lawyer said.
However, lawyer is keen to challenge the lower court order in Allahabad High Court but demoralized Neeru refused to fight the legal battle anymore.
The verdict was real stunning for Neeru and people of the city as well. Neeru’s father is completely broken after the verdict and gave up the hope of any justice. A tearful Neeru was also disappointed with the verdict and said she don’t wish to challenge the verdict.
Saat fere is a mere technicality........Even one fere may not be necessary.......
ReplyDelete.
Is there any standardisation as to how to perform rituals? The video clip clearly shows that this guy had a wedding ceremony in the presence of priest, fire. kanyadan was performed and that guy also enjoyed the 'var-bhojan', maang mein sindur bhara hai.
Who empowered the ld. judge to 'in-validate' sufficiency of hindu ritual??
Who wud question a couple if couple takes all the oaths in one phera only'? This is a mere technicality.
The judge missed the essence of the ceremony. Wedding is a symbolic ways to announce that xyz's ki beti ka kanyadaan hua hai abc'ke bete ke saath' . 'aud dono jindagi bhar eksath rahenge aur sukhdukh batenge'.
As per section 5, marriage gets annulled bcos of sapinda relationship and not sagotra.
ReplyDeletesagotra is different than sapinda.
Sapinda relationship with reference to any person exist as far as the third generation (inclusive) in the line of ascent through mother, and the fifth (inclusive) in the line of ascent through father, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation.
Saat fere is mere technicality. Even sectin 7 of marriage doesn't say that taking lesser fere wud mean marriage incomplete or non-binding. Saat fere is symbolic.
marriage is a public announcement also. It is a sanskar.
The advocate-husband was seen arguing on tv that sixth and seventh phera wasn't taken (so 6th oath to be with each other in the thick and thin, and 7th oath to be loyal and be companion for life) wasn't taken. Only first 5 were taken!! what was he trying to suggest????? please read it between the lines.......I wund't mind even to instigate people on this mockery of marriage.
In movies , films shooting, actors do act about saat fere in the a similar environment, but it is not treated as shaadi!!!
B'cos it is known as the act only and intension is clear and i.e to perform a stage show of marriage ceremony.
In the current case, it was not a stage show, not an act. but actual marriage in front of relatives, parents, priest and follwoed by rituals. whether only 1 or all 7 phere were taken is immaterial.
Even priests forget the step by step process or sometimes do it in a short cut way.
Has anybody heard the mantras properly? Priests many time omit half of the mantras and wind up or just whisper in a hasty manner.