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The Allahabad High Court has clarified in an important case related to divorce that a Hindu marriage cannot be declared invalid merely due to non-registration of marriage. This decision was given while hearing the petition of Sunil Dubey, a resident of Azamgarh. A single bench of Justice Manish Kumar Nigam said that the Family Court should not impose the requirement of marriage registration certificate in the settlement of divorce petition by mutual consent. The decision of the Family Court was challenged in which the petition for exemption from presenting the marriage registration certificate during the divorce process was rejected.
The court clarified that according to the legal principles established by this court, the Supreme Court and other High Courts, only the registration certificate is the evidence to prove the marriage. According to subsection 5 of section 8 of the Hindu Marriage Act 1955, even if the marriage is not registered, that marriage will not be considered invalid. The court also clarified that making rules for marriage registration comes under the jurisdiction of the state governments. This also includes maintaining the Hindu Marriage Register so that details related to marriage can be recorded. The main purpose of such registration is only to provide the facility of providing proof of marriage.
Sunil Dubey petition and High Court decision
Petitioner Sunil Dubey and his wife Meenakshi (respondent) filed a petition for divorce by mutual consent under section 13 (B) of the Hindu Marriage Act, 1955 on October 23, 2024. While the petition was pending in the court, the Family Court issued a direction on July 4, 2025 that the marriage certificate be submitted to the court by July 29, 2025. The petitioner filed an application stating that he does not have the marriage registration certificate and it is not mandatory to register the marriage under the Hindu Marriage Act. On this basis, the petitioner requested exemption from issuing the certificate. The petitioner said that the application has been supported by the respondent.
Important decision of Allahabad High Court
The High Court said in its order that keeping in view the laws laid down by the Supreme Court and sub-rule (a) of Rule 3 of 1956, the insistence laid by the Family Court Chief Justice on presenting the marriage certificate is unfair. Therefore, the order passed by the lower court cannot be justified and it would be right to cancel it. On this basis, the petition is accepted and the order passed on 31.07.2025 is quashed. The petition for divorce by mutual consent is pending since 2024, so it should be considered and decided soon.
On July 31, the court dismissed the petition saying that the court clarified that it is mandatory to attach a marriage certificate with any proceedings filed under the Hindu Marriage Act 1955 as prescribed in Rule 3(a) of the Hindu Marriage and Divorce Rules 1956. The counsel for the petitioner argued before the court that Section 8 of the Hindu Marriage Act only states the procedure for registration of marriage and in the absence of registration, the validity of the marriage is not affected.
The counsel argued that the petitioner’s marriage took place on 27 June 2010, which was before the implementation of the Uttar Pradesh Marriage Registration Rules 2017, hence these rules will not apply to marriages that took place before their implementation.
