As per the Allahabad high court, holding a Hindu marriage does not become invalid merely because it is not registered and has clarified that a family court cannot insist on the production of marriage registration certificate in a petition filed for divorce on mutual consent.
Marriage Valid Even Without Registration, Rules Allahabad High Court
The court added that “It is settled that the registration certificate of a marriage is only a piece of evidence to prove the marriage and absence of registration of marriage will not invalidate the marriage”.
The court set aside the Azamgarh family court’s order, rejecting the petitioners’ requests to be exempted from submitting a registration certificate.
Justice Manish Kumar Nigam, in his order delivered on August 26, allowed the writ petition filed by one Sunil Dubey. The court added, “Due to failure to make an entry of the marriage in the register, the validity of the marriage is not affected. Even though the state government makes rules for compulsory registration of marriage, there cannot be a rule declaring marriage invalid for want of registration.”
He also observed, “When a Hindu marriage is solemnized in accordance with the provisions of Hindu Marriage Act, 1955, in order to facilitate proof of such marriage by Section 8(1) of the Act, 1955, the state governments are empowered to make rules for registration of such marriage. Such rules may provide for keeping over Hindu Marriage register, wherein parties may record the particulars of their marriage in such manner and subject to such conditions as may be prescribed.”
Registration Not Mandatory for Validity of Marriage, Rules High Court in Mutual Divorce Case
The husband (petitioner) and wife (defendant) jointly filed for divorce by mutual consent under Section 13(B) of the Hindu Marriage Act, 1955, on October 23, 2024. While the case was still pending, the family court, in its order dated July 4, 2025, set July 29, 2025, as the date to submit their marriage certificate.
The petitioner then filed an application saying they did not have the marriage registration certificate and that registration is not mandatory under the Hindu Marriage Act, 1955. He asked the court to exempt them from submitting it. This request was also supported by his wife.
However, it was on July 31, 2025, that the family court rejected the application, and the petitioner then approached the High Court.
The court observed that “From the laws as laid down by various High Courts, including this court as well as the Supreme Court, it is settled that a registration certificate is only evidence to prove the marriage and the absence of registration of marriage will not invalidate the marriage in view of sub-section 5 of Section 8 of the Hindu Marriage Act, 1955”.
