The Allahabad High Court has clarified that the absence of a marriage registration certificate does not render a Hindu marriage invalid. It further held that a Family Court cannot mandate the production of such a certificate in mutual divorce proceedings.
Justice Manish Kumar Nigam made this observation while allowing a petition filed by Sunil Dubey, who challenged a Family Court order rejecting his plea for exemption from submitting a marriage registration certificate in a divorce petition under Section 13B of the Hindu Marriage Act, 1955.
Case Background
The petitioner and his wife filed for divorce by mutual consent on 23 October 2024. During the hearing, the Family Court directed the couple to produce their marriage certificate.
As the marriage had been solemnised in June 2010 and was never registered, the husband sought exemption from this requirement, arguing that registration is not a mandatory condition under the Hindu Marriage Act, 1955. The wife supported his plea.
However, the Family Court referred to Rule 3(a) of the Hindu Marriage and Divorce Rules, 1956, and dismissed the exemption application, insisting that a certificate must accompany all proceedings under the Act.
Challenging this decision, the petitioner approached the High Court, stating that Section 8 of the Act provides for the registration of marriages but does not make registration a precondition for the validity of the marriage. He further argued that the Uttar Pradesh Marriage Registration Rules, 2017, should not apply to a marriage solemnised in 2010.
High Court’s Ruling
The High Court observed that there was no compulsory registration requirement for Hindu marriages before the Hindu Marriage Act, 1955, came into force, and traditionally, such marriages were rarely registered compared to other legal transactions like adoption or property transfers.
The bench pointed out that while the State Government has the power to frame rules for marriage registration, the 2017 Uttar Pradesh Marriage Registration Rules clearly state that marriages, whether solemnised before or after their commencement, do not become illegal for lack of registration.
Referring to Section 8(5) of the Act, the Court reiterated that the omission to record a marriage in the register does not affect its validity. A marriage certificate, it clarified, serves only as evidence and is not essential for the marriage to be recognised.
The Court also cited the Supreme Court’s 2014 ruling in Dolly Rani v. Manish Kumar Chanchal and its own April 2025 decision in Maharaj Singh v. State of U.P. to support its stance. In light of these observations, the bench held that the Family Court’s insistence on producing a marriage certificate was unjustified, particularly since the marriage in question was not registered. Consequently, the Family Court’s order was set aside.
