Utpal Kanti Das vs Monju Rani Das
Reference : 50 DLR (AD) (1998)
Jurisdiction : Bangladesh
Appellant : Utpal Kanti Das (Defendant in the court of first instance)
Respondent : Monju Rani Das (Plaintiff in the court of first instance)
Facts :
Monju Rani Das claimed to have married Utpal Kanti Das according to the Hindu Shastra at the Tarasree Kalimandir (temple) in the presence of several other persons. They subsequently swore an affidavit before a Magistrate of the 1st Class, Faridpur confirming their marriage. Utpal had demanded BDT 30,000 as a dowry from her father and subsequently left her at her father’s residence due to non-payment of the dowry. He also stopped paying any maintenance to her and later remarried. At the trial court, Utpal claimed that there had never been a marriage between the two and that the affidavit was fabricated.
As both the subordinate courts, as well as the High Court Division, decided in favour of Monju Rani Das, the advocate on behalf of Utpal Kanti Das argued before the Appellate Division that there was no evidence of the two essential elements of Hindu marriage, namely-
(1) invocation before the sacred fire, and
(2) Saptapadi,
taking place in this case. And thus, the marriage would be invalid according to the Hindu Shastra.
Issues :
1. Did the want of the two essential elements of Hindu marriage render the marriage between the plaintiff and the defendant invalid?
Decision :
The Appellate Division confirmed the findings of all the previous courts that there had indeed been a ceremony for the marriage between the plaintiff and the defendant at the temple of Kali and the two had indeed exchanged garlands in the presence of several persons. Although the Appellate Division affirmed that a Hindu Brahma marriage is not complete unless the two essential ceremonies are performed, they still presumed the marriage, in this case, to be valid due to the presence of evidence proving that a marriage ceremony had indeed taken place and that the plaintiff and the defendant had lived as husband and wife for some times.
Additionally, Utpal had also failed to disprove the validity of the affidavit. Under such circumstances, the Court held that this evidence would be enough for the presumption of marriage regardless of the non-performance of the two essential ceremonies of a Hindu marriage.
B B Roy Choudhury J stated, “It is obvious that nuptial rites in Hindu Shastra are so complicated that an exact observance of their details is beyond the comprehension of the ordinary participants or the attendants of the ceremonies. But once the celebration of marriage in fact is established there shall be a presumption of there being a marriage in law and observance of the essential ceremonies.” The Court decided in favour of Monju Rani Das and the appeal was dismissed.
Legal Principle :
In this case, the Supreme Court of Bangladesh set a judicial precedence affirming that there shall be a presumption of validity of a Hindu marriage in law if there is enough evidence of the marriage taking place in fact, regardless of whether all the essential ceremonies are performed or not.
Author :
1. S.M. Monzur Morshed
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