Singh v. Singh

• Decision Date: 08 November 1971
• Citation: 67 Misc.2d 878,325 N.Y.S.2d 590
• Parties: Vijai P. SINGH, Plaintiff, v. Vimla SINGH, Defendant.
• Court: New York Supreme Court

Page 590

325 N.Y.S.2d 590

67 Misc.2d 878

Vijai P. SINGH, Plaintiff, v. Vimla SINGH, Defendant.

Supreme Court, Tompkins County.

Nov. 8, 1971.

Wiggins, Tsapis, Golder & Holmberg, Ithaca (Walter J. Wiggins, Ithaca, of counsel), for plaintiff.

No appearance for defendant.

FREDERICK B. BRYANT, Justice.

This is an action brought by the plaintiff to have his purported marriage to the defendant declared null and void pursuant to Section 5 of the Hindu Marriage Act (Act. No. 25 of the Laws of India, 1955).

The complaint alleges that the purported marriage took place in Allahabad, India, on January 19, 1964 when both parties were residents of India. The plaintiff asserts that he is now and has been for more than two years prior to the commencement of this action a resident of the State of New York. The complaint and the evidence submitted show that the marriage was arranged by the respective parents of the plaintiff and the defendant without the consent of either of the parties and that certain ceremonies and rites customary and essential in marriages performed according to the Hindu Marriage Act were not observed. The plaintiff asserts that because of this the purported marriage was a nullity. These ceremonies include the invocation before the sacred fire and the 'saptapadi'--this is, the taking of seven steps by the bride and bridegroom before the sacred fire. The plaintiff alleges that the defendant refused to participate in these two rites and that the purported marriage was never consummated. The parties have never lived together as husband and wife.

Service of the summons in the action by personal service upon the defendant in India is shown by affidavit in accordance with Section 232 of the Domestic Relations Law. The plaintiff appeared and testified before the Court together with a cooperating witness and the proof required by Section 144 of the Domestic Relations Law has been completed. The defendant has not appeared in the action nor answered the complaint. The Court finds that it has jurisdiction of the subject matter of the action by reason of the plaintiff's uncontested allegation of residence in the State required by Section 230(5) of the Domestic Relations Law.

Section 7 of the Hindu Marriage Act of 1955 reads as follows:

'Ceremonies for a Hindu marriage: (1) A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.

(2) Where such rites and ceremonies include the Saptapaid (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken.'

The meaning and effect of the quoted section is the principal question before this Court. Plainly, where the customary ceremonies of either party to the marriage include the saptapadi the marriage is complete when the saptapadi is performed. But when the saptapadi is not performed the question arises as to whether the marriage is thereby invalid. Numerous Indian authorities on this point have been studied,...