Its The Religious Rites And Not The Registration Which Determines The Validity Of A Hindu Marriage-:-Allahabad HC

In a significant ruling, the Allahabad High Court has explained that the validity of a Hindu marriage depends upon the performance of religious rituals and  not on the possession of a marriage registration certificate. The Court mentioned that a Hindu marriage which is not registered would not be declared illegal if solemnized according to proper customs.

The decision of the Supreme Court came as it set aside the judgement passed by a Family Court in Azamgarh, where it dismissed a divorce petition due to the absence of a marriage certificate.

Background of the Case-

The family Court rejected the divorce by Family Court:-

1. A couple from Azamgarh had jointly filed a petition seeking divorce by mutual consent.
2. The Family Court refused to entertain their petition, directing the couple to produce a marriage registration certificate.
3. The couple contended that their marriage had been solemnized in 2010, following all customary Hindu rituals, but was not formally registered.

Intervention by the High Court

Justice Manish Kumar Nigam admitted the petition in the Allahabad High Court and  examined the basis of rejection by the Family Court- 

It was observed by the High Court that:-

• Procedural requirements must not become a barrier to justice.
• A Hindu marriage, which has been performed according to religious customs, shall not be declared as invalid merely because it was not registered. 
• The court mentioned that the approach of the Family Court was too rigid, where if did not consider the substantive validity of marriage provided under  the Hindu law.

Provisions as provided under the Hindu Marriage Act, 1955

The High Court further explained the provisions under the Hindu Marriage Act, 1955:-

Though marriage registration is encouraged and has been made a compulsory provision in some states, non-registration of the marriage would not render the marriage as valid.

• Registration of the marriage could only be considered as an evidence to prove the validity of the marriage and not a condition for it.  
• As per the Hindu law, a marriage would be solemnised only after completing the customary rituals, for example saptapadi.

Court’s Direction to the Family Court

The High Court advised the Azamgarh Family Court to-

1. Decide the petitions for divorce on the basis of merits and the marriage certificate should not be the sole focal point.
2. Also the proceedings of the court should be resolved promptly keeping in lines with the principles of justice and equity.

Conclusion

To conclude, the decision of the Court has again put forth the basis of Hindu marriages- i.e. religious and customary practices are at the centre point of a valid Hindu marriage not some government document. This judgement by the High Court ensures protection to the rights of individuals in such marriages which have been traditionally solemnized.

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