Hindu marriage doesn't become invalid merely because it is not registered: HC
PRAYAGRAJ, Aug. 31 -- Holding that a Hindu marriage does not become invalid merely because it is not registered, the Allahabad high court has clarified that a family court cannot insist on the production of marriage registration certificate in a petition filed for divorce on mutual consent.
The high court set aside the order of the Azamgarh family court which had rejected the petitioner's application for exemption from producing the registration certificate.
"It is settled that the registration certificate of a marriage is only an evidence to prove the marriage and absence of registration of marriage will not invalidate the marriage," the high court said.
Justice Manish Kumar Nigam allowed the writ petition filed by one Sunil Dubey. The court delivered the judgment on August 26.
"When a Hindu marriage is solemnized in accordance with the provisions of Hindu Marriage Act, 1955, in order to facilitate proof of such marriage by Section 8(1) of the Act, 1955, the State Governments are empowered to make rules for registration of such marriage. Such Rules may provide for keeping over Hindu Marriage register, wherein parties may record the particulars of their marriage in such manner and subject to such condition as may be prescribed. The purpose of registration is only to furnish a convenient evidence of marriage," the high court observed.
"By sub-section (5) of section 8 of Act, 1955, it is provided that omission to make an entry in pursuance of the provisions of this section does not, however, affect the validity of marriage." the high court added.
The husband-petitioner and the defendant-wife filed an application under section 13 (B) of the Hindu Marriage Act, 1955 for divorce by mutual consent on October 23, 2024. During the pendency of the petition, the family court judge sought for filing of marriage certificate.
The petitioner filed an application with the prayer that the registration certificate is not available with the parties and there is no compulsory requirement for getting the marriage registered under the Hindu Marriage Act, 1955, therefore, the petitioner may be exempted from filing the marriage certificate. The application was also supported by the opposite party.
The family court, by an order dated July 31, 2025, has rejected the application filed by the petitioner, against which the present petition was filed....
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