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The court stressed that a legitimate marriage under the Hindu Marriage Act, 1955, is based on the performance of essential ceremonies, not the possession of a registration document
The High Court’s decision highlights that the sanctity and legitimacy of a Hindu marriage are rooted in traditional rituals and customs, such as saptapadi (the seven steps around the sacred fire), which are crucial for a lawful marriage under Section 7 of the Act. Representational image
In a pivotal decision, the Allahabad High Court has ruled that a Hindu marriage remains valid even without a marriage registration certificate. The court stressed that a legitimate marriage under the Hindu Marriage Act, 1955, is based on the performance of essential ceremonies, not the possession of a registration document.
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This verdict emerged from a case in which a man sought to nullify his marriage, arguing its invalidity due to the lack of registration. Justice Ajit Kumar, presiding over the case, dismissed this claim. The bench referred to Section 8 of the Hindu Marriage Act, which addresses the registration of Hindu marriages. The court clarified that while registering a marriage is important, it is a directory, not a mandatory, requirement. Therefore, the absence of marriage registration does not invalidate the marriage.
The High Court’s decision highlights that the sanctity and legitimacy of a Hindu marriage are rooted in traditional rituals and customs, such as saptapadi (the seven steps around the sacred fire), which are crucial for a lawful marriage under Section 7 of the Act. The court noted that a marriage certificate serves as evidence of the marriage but is not necessary for its validity. The primary purpose of registration is to provide documentary evidence and facilitate various legal and administrative functions.
The ruling offers clarity and relief to numerous couples who, for various reasons, have not registered their marriages. It shields them from potential legal issues arising from the lack of a registration certificate. The court’s judgement reasserts that the essence of a Hindu marriage—the performance of sacred ceremonies—takes precedence over the procedural formality of registration.
The HC ruling differentiates between the validity of a marriage and the proof of marriage. While not having a registration certificate may complicate providing legal proof, it does not, by itself, nullify the marriage. The judgment ensures that the legal status of a marriage is not compromised by bureaucratic procedures, preserving the sanctity of traditional Hindu marital customs.
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The News Desk is a team of passionate editors and writers who break and analyse the most important events unfolding in India and abroad. From live updates to exclusive reports to in-depth explainers, the Desk d…Read More
The News Desk is a team of passionate editors and writers who break and analyse the most important events unfolding in India and abroad. From live updates to exclusive reports to in-depth explainers, the Desk d… Read More
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