Published on: 26th October 2025
Authored by: Shweta Bisht
Faculty of Law, University of Delhi (2021-2024)
INTRODUCTION
A Hindu marriage is a sacrament and has a sacred character. The Hon’ble Supreme Court in this case stated that ‘a Hindu marriage is a ‘samskara’ and a sacrament which has to be accorded its status as an institution of great value in Indian society
A marriage is not an event for ‘song and dance’ and ‘wining and dining’ or an occasion to demand and exchange dowry and gifts by undue pressure leading to possible initiation of criminal proceeding thereafter a marriage is not a commercial transaction. It is a solemn foundational event celebrated so as to establish a relationship between a man and a woman who acquire the status of a husband and wife for an evolving family in future which is a basic unit if Indian society.’[1]
The court in this case discussed the concept of marriage and the ceremonies required to perform for a marriage valid in the eyes of law. Also, the court discussed the proper procedure required for registration under this HMA, 1955.
FACTS
The facts of the case are that the petitioner and the respondent got married on 7th of July 2021 and also obtained a marriage certificate from Vadik Jankalyan Samiti (Regd.), on the basis of this certificate they obtained a certificate of registration of marriage under the Uttar Pradesh Marriage Registration Rules of 2017. A date was fixed for performing their marriage according to Hindu rites in 2022 but differences arose between them and later, the petitioner filed an FIR under sections 498A, 420, 506, 509 and 34 of the Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act, 1961 against the respondent and his family.
Thereafter, the respondent filed a divorce petition under section 13(1)(ia) of HMA,1955 in the Family Court, Muzaffarpur, Bihar and the petitioner wife filed a transfer petition to transfer the divorce petition to the Family Court, Ranchi, Jharkhand.
Later, the parties decided and agreed to file a joint application under Article 142 of the Constitution of India in the Supreme Court to declare their marriage as not valid in the eyes of law.
ISSUES
Following are the issues discussed in this case:
- Whether the marriage of the parties was legally valid even if not performed by section 7of HMA, 1955?
- Whether registration of marriage is valid if marriage is not solemnized as per section 7 of HMA, 1955?
- What is the validity of the marriage certificate obtained by the parties?
CONTENTIONS OF THE PARTIES
Petitioner: The petitioner contended that their marriage is not legally valid and thus the petitioner could not seek divorce under section 13 of HMA, 1955.
Respondent: The respondent contended that even though the marriage did not take place as per section 7of HMA, still it was registered before the Registrar of marriages. Therefore, the respondent filed a divorce petition.
Later, both the parties agreed and filed a joint application in the apex court to declare their marriage as not valid in the eyes of law as well as to declare the certificates as null and void issued by the respective authorities.
JUDGEMENT
In effect a union of two persons under the provision of the act, by way of the Hindu marriage gives them the status and character of being a husband and wife in society. The said status is of significance in as much as a man and a woman cannot be treated as a husband and a wife unless a marriage is performed or celebrated with proper and due ceremonies and in the prescribed form. In the absence of any solemnisation of a marriage as per the provisions of the act. A man and a woman cannot acquire the status of being a husband and wife to each other.[2]
The court in this case held that the marriage that took place between the parties was not in accordance to section 7 of the HMA and thus the certificate issued by the Vadik Jankalyan Samiti and under the Uttar Pradesh Registration Rules, 2017 were declared null and void. As to obtain a certificate of registration of marriage under section 8 it is necessary that the marriage is performed as per the proper procedure mentioned in section 7 of HMA, 1955.
Therefore, the marriage of the parties and the certificates obtained have no value in the eyes of law.
RATIO DECIDENDI
The court in this case explained the concept of valid marriage as per section 7 and the procedure required for registration under section 8 of HMA, 1955.
Section 7 of the Act specifies the ceremonies of a Hindu marriage, as per section 7:
“(1) A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.
(2) Where such rites and ceremonies include the Saptapadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken.”[3]
The court stated that section 7 of the Act clearly specifies that a Hindu marriage needs to be performed with proper ceremonies that is a marriage becomes binding after the seventh step is taken. Unless the parties perform the ceremonies stated under this section, it would not confirm the marital status and thus issuance of any certificate would mean nothing in the eyes of law. Therefore, in the absence of any proper ceremony as per section 7 of the act is performed, the certificate of registration of marriage could not be issued.
Section 8 of the act specifies the procedure of the registration of Hindu marriages. It states:
“(1) For the purpose of facilitating the proof of Hindu marriages, the State Government may make rules providing that the parties to any such marriage may have the particulars relating to their marriage entered in such manner and subject to such conditions as may be prescribed in a Hindu Marriage Register kept for the purpose.
(2) Notwithstanding anything contained in sub-section (1), the State Government may, if it is of opinion that it is necessary or expedient so to do, provide that the entering of the particulars referred to in sub-section (1) shall be compulsory in the State or in any part thereof, whether in all cases or in such cases as may be specified, and where any such direction has been issued, any person contravening any rule made in this behalf shall be punishable with fine which may extend to twenty-five rupees.
(3) All rules made under this section shall be laid before the State Legislature, as soon as may be, after they are made.
(4) The Hindu Marriage Register shall at all reasonable times be open for inspection, and shall be admissible as evidence of the statements therein contained and certified extracts therefrom shall, on application, be given by the Registrar on payment to him of the prescribed fee.
(5) Notwithstanding anything contained in this section, the validity of any Hindu marriage shall in no way be affected by the omission to make the entry.”[4]
The marriage under section 8 of HMA, 1955 can only be registered if the 2 Hindu parties have performed the marriage as per section 7 of this Act. And the state government has the power to formulate rules of registration if the marriage is solemnised as per HMA, 1955.
Thus, in the absence of a Hindu marriage performed as per the ceremonies mentioned in the HMA, 1955 a certificate of marriage cannot be received under section 8 of HMA, 1955.
The court in this case clearly stated that any certificate issued in the absence of ceremonies performed as per section 7 of HMA, would have no legal consequence.
OBITER DICTA
The court in this case observed that in the recent years, a practice has been developed where a man and a woman register their marriage under section 8 of the HMA, 1955 solely on the basis of a document issued as a proof of marriage without performing proper ceremonies under HMA, 1955. The law does not provide such parties the status of husband and wife and therefore, the court disapproves such practices.
FINAL DECISION
The court accepted the application filed under article 142 of the Constitution of India and declared the marriage as not valid in the eyes of law.
The court declared that the petitioner and respondent were not married in accordance with the provisions of the Act and therefore, they have never acquired the status of husband and wife.
Consequently, the FIR and maintenance case filed by the petitioner as well as the divorce petition filed by the respondent stand quashed.
REFERENCE
- Hindu Marriage Act, 1955
- “India Code: Section Details” <https://www.indiacode.nic.in/show-data?abv=CEN&statehandle=123456789/1362&actid=AC_CEN_3_20_00004_195525_1517807318992&orderno=8&orgactid=AC_CEN_3_20_00004_195525_1517807318992>.
- “Dolly Rani v. Union of India, 2024 SCC OnLine SC 754.”
[1] Dolly Rani v. Union of India, 2024 SCC OnLine SC 754
[2] Ibid.
[3] “India Code: Section Details” <https://www.indiacode.nic.in/show-data?abv=CEN&statehandle=123456789/1362&actid=AC_CEN_3_20_00004_195525_1517807318992&orderno=8&orgactid=AC_CEN_3_20_00004_195525_1517807318992>.
[4] Ibid.
