Mere registration of a marriage in the absence of the requisite ceremonies would not be valid under the Hindu Marriage Act: Supreme Court

In a recent order, the Supreme Court (SC) of India held that mere registration of a marriage or issuance of a certificate in the absence of the requisite ceremonies would not confirm any marital status to the parties and would be invalid under the Hindu Marriage Act. The bench comprising Justice BV Nagarathna and Justice Augustine George Masih in its order delivered on April 19, clarified the legal requirements and sanity of Hindu marriages under the Hindu law. The bench observed, “Where a Hindu marriage is not performed in accordance with the applicable rites or ceremonies such as saptapadi when included, the marriage will not be construed as a Hindu marriage. In other words, for a valid marriage under the Act, the requisite ceremonies have to be performed and there must be proof of performance of the said ceremony when an issue/controversy arise. Unless the parties have undergone such ceremony, there would be no Hindu marriage according to Section 7 of the Act, and a mere issuance of a certificate by an entity in the absence of the requisite ceremonies having been performed, would neither confirm any marital status to the parties nor establish a marriage under Hindu law.”

During the proceedings, the bench also highlighted that the registration of marriage does not confer its legitimacy. The bench said, “If there has been no marriage in accordance with Section 7, the registration would not confer legitimacy to the marriage. We find that the registration of Hindu marriages under the said provision is only to facilitate the proof of a Hindu marriage but for that, there has to be a Hindu marriage in accordance with Section 7 of the Act inasmuch as there must be a marriage ceremony which has taken place between the parties in accordance with the said provision. Although the parties may have complied with the requisite conditions for a valid Hindu marriage as per Section 5 of the Act in the absence of there being a ‘Hindu marriage’ in accordance with Section 7 of the Act, i.e., solemnization of such a marriage, there would be no Hindu marriage in the eye of law.” The SC also observed that the Marriage registration Officer cannot register a marriage, which is not performed as per the applicable rites or ceremonies, under the provisions of Section 8 of the Act. 

The order reads, “In the absence of there being a valid Hindu marriage, the Marriage Registration Officer cannot register such a marriage under the provisions of Section 8 of the Act. Therefore, if a certificate is issued stating that the couple had undergone marriage and if the marriage ceremony had not been performed in accordance with Section 7 of the Act, then the registration of such marriage under Section 8 would not confer any legitimacy to such a marriage. The registration of a marriage under Section 8 of the Act is only to confirm that the parties have undergone a valid marriage ceremony in accordance with Section 7 of the Act. In other words, a certificate of marriage is a proof of validity of Hindu marriage only when such a marriage has taken place and not in a case where there is no marriage ceremony performed at all.” While hearing the matter, the bench also elaborated on the importance of marriage stating that in Indian society marriage is an institution that holds great value. It further noted that Hindu marriage provides a ‘lifelong, dignity-affirming, equal, consensual, and healthy union of two individuals’.

While deciding on a petition filed by a wife seeking to transfer the divorce proceedings against her, the bench observed, “In recent years, we have come across several instances where for “practical purposes”, a man and a woman with the intention of solemnization of their marriage at a future date seek to register their marriage under Section 8 of the Act on the basis of a document which may have been issued as proof of 'solemnization of their marriage' such as in the instant case. As we have already noted, any such registration of a marriage before the Registrar of Marriages and a certificate being issued thereafter would not confirm that the parties have 'solemnized' a Hindu marriage. We note that parents of young couples agree for registration of a marriage in order to apply for Visa for emigration to foreign countries where either of the parties may be working “in order to save time” and pending formalizing a marriage ceremony. Such practices have to be deprecated. What would be the consequence, if no such marriage is solemnized at all at a future date? What would be the status of the parties then? Are they husband and wife-in-law and do they acquire such status in society?” In the present case, the bench noted that the marriage was not solemnized by performing customs, rites, and rituals; therefore, it declared the marriage to be invalid.