The Allahabad High Court.
Credit: PTI File Photo
Prayagraj, Uttar Pradeah: The Allahabad High Court has ruled that the absence of registration of marriage will not invalidate the marriage.
The court, in its order dated August 26, said that the state governments are empowered to frame rules for marriage registration but the object of such registration is merely to provide convenient evidence of the marriage.
Justice Manish Nigam made the observations while setting aside the order of a family court at Azamgarh, which had rejected the application of the petitioner for exemption from producing a registration certificate.
Allowing the writ petition filed by Sunil Dubey, Justice Manish Nigam observed, "When a Hindu marriage is solemnised in accordance with the provisions of the 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."
"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," the court added.
The petitioner husband and defendant wife filed an application under Section 13 (B) of the Hindu Marriage Act, 1955, for divorce by mutual consent on October 23, 2024. During the pendency of the petition, the family court judge in the order dated July 4, 2025, fixed July 29, 2025, for the filing of their marriage certificate.
The petitioner filed an application that the registration certificate is not available with the parties and there is no compulsory requirement for getting the marriage registered under the Hindu Marriage Act, 1955, therefore, the petitioner may be exempted from filing the marriage certificate. The application was also supported by the opposite party.
The court, in its July 31, 2025, order, rejected the application filed by the petitioner, after which he moved the high court.
"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," the court observed.
The court said state governments are empowered to frame rules for marriage registration, including maintenance of a Hindu Marriage Register for recording particulars of marriage as prescribed, the object of such registration being merely to provide convenient evidence of the marriage.