AHMEDABAD: Facing the threat of deportation, a Gujarati couple in Australia flew to Vadodara to obtain a declaration from a family court affirming the validity of their wedding solemnised without performing the traditional "saptapadi" ritual.
The couple's marriage came under scrutiny after Australia's department of home affairs questioned its legitimacy, citing the absence of photographic evidence of the ritual from their ceremony.The couple had an arranged marriage in the presence of close family members at the groom's home in Vadodara on Feb 10 last year. Their rituals included sindoor daan (application of vermilion), jaimala (garland exchange), and the mangalsutra ceremony, without the saptapadi or saat phere-the seven rounds around the sacred fire.
When the wife moved to Australia as a dependent of her husband, who is a permanent resident, the department of home affairs questioned the legality of their marriage under the Hindu Marriage Act.
Without evidence of the "saptapadi", officials refused to accept their marriage registration and threatened the wife with deportation. The couple petitioned the Vadodara family court, arguing that a Hindu marriage could be legally solemnised without the saptapadi, provided other essential rituals were followed. They cited previous Supreme Court rulings and demonstrated compliance with the five prohibitory conditions under Section 5 of the Hindu Marriage Act.
After reviewing evidence, the family court ruled in the couple's favour. It declared the marriage valid, stating the couple, belonging to Gujarati Brahmin traditions, had performed the wedding according to their customs.
The court said the absence of "saptapadi" did not render the marriage "illegal, void ab initio, or non-existent". The ruling also set a precedent for the recognition of diverse Hindu marriage customs.