Hindu marriage valid even if not registered: HC

PRAYAGRAJ: Keeping {that a} Hindu marriage does now not grow to be invalid simply as a result of it’s not registered, the Allahabad prime court docket has clarified {that a} circle of relatives court docket can not insist at the manufacturing of marriage registration certificates in a petition filed for divorce on mutual consent. “It’s settled that the registration certificates of a wedding is just a piece of proof to turn out the wedding and lack of registration of marriage won’t invalidate the wedding,” the court docket added.With the above remark, the court docket put aside the order of a circle of relatives court docket at Azamgarh, junking programs of petitioners for exemption from generating a registration certificates.Permitting the writ petition filed via one Sunil Dubey, Justice Manish Kumar Nigam in his order delivered on August 26 noticed, “When a Hindu marriage is solemnized according to the provisions of Hindu Marriage Act, 1955, in an effort to facilitate evidence of such marriage via Segment 8(1) of the Act, 1955, the state governments are empowered to make laws for registration of such marriage. Such laws would possibly supply for conserving over Hindu Marriage check in, in which events would possibly file the details in their marriage in such method and topic to such stipulations as is also prescribed. “Because of failure to make an access of the wedding within the check in, the validity of the wedding isn’t affected. Despite the fact that the state executive makes laws for obligatory registration of marriage, there can’t be a rule mentioning marriage invalid for need of registration,” the court docket added.The petitioner husband and defendant spouse filed an utility below Segment 13 (B) of the Hindu Marriage Act, 1955, for divorce via mutual consent on October 23, 2024. All through the pendency of the petition, the circle of relatives court docket pass judgement on within the order dated July 4, 2025, mounted July 29, 2025, for the submitting in their marriage certificates.The petitioner filed an utility that the registration certificates isn’t to be had with the events and there is not any obligatory requirement for purchasing the wedding registered below the Hindu Marriage Act, 1955, subsequently, the petitioner is also exempted from submitting the wedding certificates. The applying used to be additionally supported via the other celebration.The court docket, in its order dated July 31, 2025, rejected the appliance filed via the petitioner, and then he moved the prime court docket.“From the regulations as laid down via quite a lot of Top Courts, together with this court docket in addition to the Ideally suited Court docket, it’s settled {that a} registration certificates is simplest proof to turn out the wedding and the absence of registration of marriage won’t invalidate the wedding in view of sub-section 5 of Segment 8 of the Hindu Marriage Act, 1955,” the court docket noticed.



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