Registration of Hindu Marriage Does Not Make It Valid If Essential Ceremonies U/S 7 HMA Were Never Performed: Gujarat High Court

The Court further held that where a party seeking to claim the benefit of a marriage certificate herself admits in her written statement that no marriage rites or ceremonies were performed and that the parties do not share the relationship of husband and wife, such admission is clear, direct and unambiguous on the foundational fact, and the court should pass a decree on the basis of such admission rather than forcing the parties into a long and unnecessary trial.

A Division Bench comprising Justice Ilesh J. Vora and Justice R.T. Vachhani observed, “…The purpose of registration under Section 8 is only to provide evidence and proof of a marriage that has already been validly solemnized in accordance with Section 7 of the Act. Registration under Section 8 does not, by itself, make a marriage valid or legal if the essential ceremonies required under Section 7 have not been performed. In other words, a Hindu marriage can be validly registered only if a marriage has first been solemnized in accordance with Section 7. If no such marriage has actually taken place, any registration made or certificate issued will have no legal effect and will not create the legal status of husband and wife between the parties”.

“…when one party makes a clear admission on the foundational fact that no marriage was solemnized, the Court can and should pass a decree on the basis of such admission instead of forcing the parties into a long and unnecessary trial”, the Bench further said.

Advocate Rahil P. Jain appeared for the appellant and Advocate Anurag R. Rathor appeared for the respondent.

The appellant, a resident of the United Kingdom employed in a company owned by the respondent's father, contended that he learned of an alleged marriage only when the respondent approached his parents with a marriage certificate claiming to be his lawfully wedded wife. He stated he never solemnised any marriage, never performed Hindu rites and ceremonies, and never lived with her as husband and wife, alleging his signature on the marriage documents was obtained fraudulently under inducement of promotion or threat of termination.

Thereafter, he filed a petition under Sections 5, 7 and 12 of the Hindu Marriage Act seeking a declaration that the alleged marriage was null and void. During proceedings before the Family Court, the respondent filed her written statement clearly admitting that no rites and rituals were performed and that the parties held no relation as husband and wife.

The appellant filed an application for decree on admission, which the Family Court rejected, holding that the registered marriage certificate raised a presumption of valid marriage requiring full trial.

The Court held that this approach was erroneous, since the Family Court proceeded on the assumption that registration created an irrebuttable presumption without first examining whether the fundamental requirement of solemnisation under Section 7 had been satisfied.

Accordingly, the Family Court's order was set aside and the marriage declared null and void ab initio, with liberty granted to the appellant to seek cancellation of the marriage registration before the competent authority.

Cause Title: Kaushal Pramodbhai Sonar v. Khushi Sanjay Shah (Neutral Citation: 2026:GUJHC:38968-DB)

Appearances:

Appellant: Rahil P. Jain, Advocate.

Respondent: Anurag R. Rathor, Advocate.

Click here to read/download the Judgment