Registration of Hindu marriage under Section 8 HMA is not mandatory; non-registration does not affect the validity of the marriage

General
1

Case Title: Sunil Dubey v. Minakshi
Court: Allahabad High Court
Citation: 2025:AHC:147955
Date of Judgment: 26 August 2025
Coram: Hon’ble Justice Manish Kumar Nigam

Facts:

  • The petitioner (husband) and respondent (wife) jointly filed a petition under Section 13(B) of the Hindu Marriage Act, 1955 seeking divorce by mutual consent.
  • Their marriage was solemnized on 27.06.2010 but was not registered.
  • The Family Court directed them to produce a marriage registration certificate.
  • The petitioner filed an application (Paper No. 13-Ka) seeking exemption from producing the certificate, arguing that registration was not compulsory. The wife supported this application.
  • The Family Court rejected the application on 31.07.2025, citing Rule 3(a) of the Hindu Marriage and Divorce Rules, 1956.

Issue:

Whether production of a marriage registration certificate is mandatory in proceedings under Section 13(B) HMA when the marriage itself is admitted but not registered.

Arguments:

  • Petitioner:
    • Section 8 of the Hindu Marriage Act, 1955 makes registration optional; non-registration does not invalidate a marriage.
    • The U.P. Marriage Registration Rules, 2017 came later and do not apply retrospectively.
  • Respondent: No objection; supported the petitioner’s stand.

Court’s Reasoning:

  • Section 8 HMA makes registration of Hindu marriages optional, meant only to facilitate proof of marriage.
  • Omission to register does not affect validity (Sec. 8(5) HMA).
  • Rule 6(2) of U.P. Marriage Registration Rules, 2017 also clarifies that a marriage is not invalid for want of registration.
  • Cited precedents (Seema v. Ashwani Kumar, Dolly Rani v. Manish Kumar Chanchal, etc.) emphasizing that registration is evidentiary, not substantive.
  • Rule 3(a) of 1956 Rules requires certificate only where marriage has been registered. Since the present marriage was not registered, the requirement does not apply.
  • Courts should avoid hyper-technical interpretation of procedural rules which obstruct justice (relying on Sangram Singh v. Election Tribunal, Salem Advocate Bar Assn. v. Union of India, etc.).

Decision:

  • The High Court set aside the Family Court’s order dated 31.07.2025.
  • Held that insistence on filing a registration certificate was uncalled for when the factum of marriage was undisputed.
  • Directed the Family Court to dispose of the mutual divorce petition expeditiously as per law, keeping Section 21-B HMA in view.

Key Takeaway:

Registration of Hindu marriage under Section 8 HMA is not mandatory; non-registration does not affect the validity of the marriage. In mutual consent divorce cases where the marriage itself is admitted, the Family Court cannot insist on production of a marriage registration certificate.