LUCKNOW: The Allahabad High Court held that a Hindu marriage does not stand invalid in the absence of a Marriage registration certificate.
The court held that the trial courts could not insist on the submission of a marriage certificate in a mutual divorce proceeding under the Hindu Marriage Act 1955, especially when the marriage was not registered but its existence was admitted by both the parties concerned.
Passing the order, single judge bench, comprising Justice Manish Kumar Nigam, set aside the Azamgarh family court's order by which it had rejected a plea to waive the requirement of filing the marriage certificate.
The matter came before the High Court after a petition was filed by a man challenging the order, dated July 31, 2025, given by the Additional Principal Judge, Family Court, Azamgarh.
The man and his wife had jointly filed a petition for divorce by mutual consent under Section 13(B) of Hindu Marriage Act, 1955, on October 23, 2024.
During the proceedings, the Family Court ordered the parties to file their marriage certificate. The petitioner filed an application, supported by his wife, stating that the certificate was not available as their marriage had not been registered.
They argued that registration was not compulsory under the Hindu Marriage Act, 1955, and prayed for an exemption from this requirement.
The lawyer representing the petitioners submitted that Section 8 of the Hindu Marriage Act-1955, is for the registration of marriage, and it is not for invalidating a marriage for want of a marriage certificate.
Moreover, the lawyer contended that the Uttar Pradesh Marriage Registration Rules, 2017, made it clear that under Rule 6 of it, a marriage would not be deemed illegal merely because it was not registered.
Meanwhile, the court examined Section 8 of the Hindu Marriage Act , 1955 and referred to Subsection 5, which states: "Notwithstanding anything contained in the said section, the validity of a Hindu marriage shall in no way be affected by the omission to make the entry."
The order of Justice Nigam stated that the purpose of registration was only to facilitate the proof of marriage and not to determine its validity.
The judge added that even where the state rules make registration compulsory, "There could not be a rule declaring the marriage invalid for want of registration."
The position was corroborated by Rule 6(2) of the Uttar Pradesh Marriage Registration Rules, 2017.
Concluding the analysis, the court held that the family court's insistence on filing the marriage certificate was 'uncalled for' especially since the factum of marriage was not in dispute and was admitted by both parties in a mutual consent petition.
Finally, the High Court allowed the petition setting aside the Family Court's order dated July 31, 2025, directing the Additional Principal Judge of Azamgarh Family Court to decide the pending mutual divorce case expeditiously, in accordance with law.