The High Court, however, upheld the trial court order after opining that there was no need to go into whether kanyadan was performed or not to determine whether a valid Hindu marriage had taken place.
“Whether the ceremony of Kanyadan was performed or not, would not be essential for the just decision of the case and, therefore, a witnesses cannot be summoned under Section 311 Cr.P.C. for proving this fact,” the Court held.
Source: Barandbench