Hindu marriage valid even without registration certificate: Allahabad High Court

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.

“In view of the laws laid down by the Supreme Court and also in view of sub-Rule (a) of Rule 3 of Rules, 1956, I am of the view that insistence by the Principal Judge, Family Court, for filing the marriage certificate is wholly uncalled… therefore, the order passed by the court below is liable to be set aside. Accordingly, the petition is allowed and the order dated 31.07.2025 is set aside,” stated the HC in its order.

“Since the petition for mutual divorce is pending since 2024, Additional Principal Judge, Family Court, Court No. 1, Azamgarh, is directed to consider and decide the aforesaid pending proceeding, in accordance with law, expeditiously, after giving opportunity of hearing to the parties concerned as well as an opportunity to lead evidence in support of their case and without granting unnecessary adjournments to either of the parties…,” the court added in its order.

Petitioner Dubey and his wife, Minakshi (defendant), had filed an application under Section 13 (B) of the Hindu Marriage Act for divorce by mutual consent on October 23 last year. During the pendency of the petition, the family court on July 4 this year fixed July 29 as the date for filing the marriage certificate.

The petitioner filed an application stating that the registration certificate is not available, and there is no compulsory requirement for getting the marriage registered under the Hindu Marriage Act. Seeking exemption from filing the certificate, the petitioner also said the application was supported by the opposite party.

On July 31, the court rejected the application. It said as per Rule 3(a) of the Hindu Marriage and Divorce Rules, 1956, it is mandatory that a marriage certificate should be annexed in every proceeding under the Hindu Marriage Act.

It said there can be no exemption — even though there is no objection by the other side — and the application of the petitioner was rejected.

Contending the case, the petitioner’s lawyer argued that Section 8 of the Hindu Marriage Act provides for registration of marriage and said the marriage is not invalidated for want of registration.

The counsel submitted that since the petitioner’s marriage was solemnised on June 27, 2010, provisions of the Uttar Pradesh Marriage Registration Rules, 2017, will not apply to a wedding solemnised before the commencement of the Rules.

The HC stated in its order, “When a Hindu marriage is solemnised in accordance with provisions of the Hindu Marriage Act, to facilitate proof of such marriage… state governments are empowered to make rules for registration… Such rules may provide for keeping a Hindu Marriage Register, wherein parties may record the particulars of their marriage… The purpose of registration is only to furnish a convenient evidence of marriage.”

“… notwithstanding any Rules made in pursuance of the provisions in sub-section (1) to (4) of Section 8 of (Hindu Marriage) Act, and due to failure to make an entry of the marriage in the register, the validity of the marriage is not affected,” the court held.

“The requirement of filing a registration certificate is only in cases where the marriage is registered under Section 8 of the (Hindu Marriage) Act. Admittedly, in the present case, the marriage which was solemnised in 2010 is not registered and, therefore, there is no necessity of filing a registration certificate,” the court added.