Absence Of Registration Of Marriage Doesn't Invalidate Marriage: Allahabad High Court

The Allahabad High Court has held that a Hindu Marriage doesn't become invalid in terms of Section 5 of the Hindu Marriage Act merely because it is not registered.

The Court was considering a Petition challenging the order passed by Additional Principal Judge, Family Court by which an Application filed by the Petitioner for waiving off the filing of Registration Certificate of the Marriage before the court was rejected by the court.

The single bench of Justice Manish Kumar Nigam observed, "it is settled that registration certificate is only an evidence to prove the marriage and absence of registration of marriage will not invalidate the marriage in view of sub Section 5 of Section 8 of the Hindu Marriage Act, 1955".

The Petitioner was represented by Advocate Chandan Kumar Chaturvedi.

Facts of the Case

The Petitioner-Husband and Defendant-Wife filed an Application under Section 13 (B) of the Hindu Marriage Act, 1955 for divorce by mutual consent. During the pendency of the Petition, the Family Court Judge asked 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 and therefore, the Petitioner may be exempted from filing the marriage certificate.

The Court, however, rejected the Application filed by the Petitioner on the ground that as per Rule 3(a) of Hindu Marriage and Divorce Rules, 1956 it is mandatory that in every proceeding under the Hindu Marriage Act, 1955 Marriage Certificate should be annexed along with the proceedings, therefore, even though there is no objection by the other side, since the filing of marriage certificate is mandatory as per Rule 3(a) of Rules, 1956, the same can not be exempted and the Application of the Petitioner was rejected.

Counsel for the Petitioner contended that Section 8 of the Hindu Marriage Act, 1955 provides for registration of marriage but the marriage is not invalidated for want of registration of marriage and it was further submitted by the Counsel that since the marriage of the Petitioner was solemnized on June 27, 2010, therefore, the provisions of Uttar Pradesh Marriage Registration Rules, 2017 will not apply to marriage solemnized before the commencement of the Rules and even otherwise, as per Rule 6 of Rules, 2017, the marriage will not be illegal for want of registration.

Reasoning By Court

The Court pointed out that Sub-section (2) of Section 8 of Act, Hindu Marriage Act,1955 provides that if the State Government deems it proper, it can make registration compulsory and the violation of this requirement, however, would not affect the validity of marriage

It referred to Supreme Court's decision in Seema (SMT) Vs. Ashwani Kumar, 2006 and Dolly Rani Vs. Manish Kumar Chanchal, 2024.

"Even the sub-Rule (a) of Rule 3 of Rules, 1956 provides that the petition under Hindu Marriage Act shall be accompanied by a certified extract from Hindu Marriage Register maintained under Section 8 of the Act where the marriage has been registered under this Act. The requirement of filing registration certificate is only in cases where the marriage is registered under Section 8 of Act. Admittedly, in the present case, the marriage which was solemnized in the year 2010 is not registered and therefore, there is no necessity of filing registration certificate.", the Court observed.

The Petition was accordingly allowed.

Cause Title: Sunil Dubey vs. Minakshi (2025:AHC:147955)

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