Facts of the case

The petitioner (Dolly Rani) and the respondent (Manish Kumar Chanchal) are trained commercial pilots. They got engaged on 07.03.2021. Thereafter, they got married on 07.07.2021, at Vadik Jankalyan Samiti (Registered), without performing necessary marriage ceremonies, as per Hindu rites, for obtaining a “marriage certificate”. Based on the said certificate, they registered the marriage, under the Uttar Pradesh Marriage Registration Rules, 2017 and obtained a “Certificate of Registration of Marriage”. Later, the respective families of the petitioner and the respondent arranged a marriage ceremony, as per Hindu rites, on 25.10.2022. Meanwhile, the parties were living separately and differences ignited between them. The petitioner alleged that there was demand for dowry from the respondent’s family.

Brief of the legal Proceedings

On 17.11.2022, the petitioner filed an FIR under Sections 498A, 420, 506, 509, 34 of the Indian Penal Code, 1860 and Sections 3, 4 of the Dowry Prohibition Act, 1961 against the respondent and his family members alleging harassment.

Thereafter on 13.03.2023, the respondent filed a petition for divorce (bearing Matrimonial Case No.82/2023) under Section 13(1) (ia) of the Hindu Marriage Act, 1955 (hereinafter referred to as “the Act”) in the Court of Principal Judge, Family Court, Muzaffarpur, Bihar. Being aggrieved by this, the petitioner, who is currently residing with her parents, in Ranchi, Jharkhand, filed a transfer petition seeking the transfer of the divorce petition (bearing Matrimonial Case No. 82/2023 titled “Manish Kumar v/s Doly Singh”) which is pending before the Court of Principal Judge, Family Court, Muzaffarpur, Bihar to the Court of Principal Judge, Family Court, Ranchi, Jharkhand.

The petitioner’s counsel submitted that seeking a divorce decree in Matrimonial Case No.82/2023 is invalid since there was no legal marriage between the parties. The respondent’s counsel also acknowledged the same that there is an absence of a valid Hindu marriage between the parties as per Section 7 of the Act. However, the respondent was compelled to file M.C. No.82/2023 as the “marriage” was officially registered before the Registrar of Marriages, leaving no alternative recourse.

Hence, during the pendency of the said transfer petition, the parties have discussed the matter and they have agreed to file a joint application under Article 142 of the Constitution of India to the Supreme Court. 

Law involved

• Section 5, 7 and 8 of Hindu Marriage Act,1955, and
• Special marriage Act, 1954.

Observation of the Hon’ble Supreme Court

• In Hindu Law, marriage is a sacrament or a ‘Samskara‘ and it is the foundation for a new family.
• The non-performance of the requisite ceremonies in Hindu marriage as per section 7 of the Act would render the marriage invalid, even though the parties may have complied with the requisite conditions for a valid Hindu marriage under Section 5 of the Act.
• The court emphasized that for a Hindu marriage to be valid it must be performed with the appropriate rites and ceremonies, such as ‘Saptapadi’ (seven steps around the holy fire) if included, proof of these ceremonies is essential in case of disputes.
• The Special Marriage Act, 1954 allows any man and woman, regardless of their race, caste, or creed, to become a husband and wife. However, as per the provisions of the Hindu Marriage Act, there should not only be compliance with the conditions laid down under Section 5 of the said Act but also the couple must solemnize their marriage in accordance with Section 7 of the Act.
• In terms of the marriage registration, if a marriage was not performed in conformity with Section 7 of the Act, the Marriage Registration Officer cannot register it under Section 8. Even if it is registered, it will not have any legal sanctity.
• Section 8 of the Act is only a proof to facilitate the Hindu marriage which was taken place between the parties who got married as per their respective rites and ceremonies. If any of these involve “Saptapadi”, then the ritual must be performed.
• Therefore, if a certificate is issued to a couple who had undergone a marriage without performing requisite ceremonies in accordance with Section 7 of the Act, then the registration of such marriage under Section 8 will be invalid.
• It is also pertinent to mention that if a Hindu marriage is not registered under Section 8 of the Act and as per the rules made by the State Government, it would not be regarded as an evidence of a Hindu marriage. Moreover, it does not confer the status of a husband and a wife to a couple.
• The Hon’ble Court deprecated the practice of the parents who are agreeing for the registration of their children’s marriage, in order for them to apply for Visa for emigration to foreign countries where either of the parties may be working “in order to save time” and pending formalising a marriage ceremony.
• The Hon’ble Court also observed that a marriage is not an event for ‘song and dance’ and ‘wining and dining’ or an occasion to demand and exchange dowry and gifts by undue pressure leading to possible initiation of criminal proceedings thereafter. A marriage is not a commercial transaction. It is a solemn foundational event celebrated so as to establish a relationship between a man and a woman who acquire the status of a husband and wife for an evolving family in future which is a basic unit of Indian society.
  
  

 Judgment

In light of the above-mentioned observations the Hon’ble Court declared that the ‘marriage’ dated 07.07.2021 between the parties is not a valid ‘Hindu marriage’ having regard to the provisions of Section 7 of the Act. Consequently, the certificate issued by the Vadik Jankalyan Samiti (Registered) dated 07.07.2021 was declared as null and void.  Further, the certificate issued under the Uttar Pradesh Registration Rules, 2017 dated 07.07.2021 was also declared as null and void.