Case Note & Summary
The Supreme Court dealt with a transfer petition filed by the wife seeking transfer of a divorce petition from Muzaffarpur, Bihar to Ranchi, Jharkhand. The parties, both trained commercial pilots, claimed to have solemnized their marriage on 07.07.2021 and obtained a marriage certificate from Vadik Jankalyan Samiti (Regd.) and a registration certificate under the Uttar Pradesh Marriage Registration Rules, 2017. However, no marriage ceremony as per Hindu rites and customs was performed; the date for the actual ceremony was fixed for 25.10.2022 but differences arose. The wife filed an FIR under Sections 498A, 420, 506, 509, 34 IPC and Sections 3,4 Dowry Prohibition Act, 1961 on 17.11.2022. The husband filed a divorce petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955 on 13.03.2023. During the pendency of the transfer petition, both parties agreed that there was no valid marriage and filed a joint application under Article 142 of the Constitution seeking a declaration that the marriage was invalid and the certificates null and void. The Court examined Section 7 of the Act, which requires solemnization with customary rites and ceremonies, including saptapadi. Since no ceremonies were performed, the Court held that no valid Hindu marriage existed. The Court also noted that the marriage certificate from Vadik Jankalyan Samiti did not indicate compliance with Section 7, and the registration under Section 8 could not validate the marriage. The Court accepted the joint application, declared the marriage invalid, quashed the certificates, and also quashed the maintenance case and criminal proceedings as per the settlement terms. The Court emphasized that a marriage certificate without proof of ceremonies is of no consequence.
Headnote
A) Hindu Marriage - Validity - Ceremonies - Section 7 Hindu Marriage Act, 1955 - A Hindu marriage must be solemnized with customary rites and ceremonies, including saptapadi if applicable; without such ceremonies, no valid marriage exists. Mere issuance of a marriage certificate by an entity or registration under Section 8 does not confer marital status. (Paras 6-8) B) Hindu Marriage - Registration - Effect - Section 8 Hindu Marriage Act, 1955 - Registration under Section 8 is for facilitating proof of marriage but does not validate a marriage that was not solemnized with requisite ceremonies. The validity of a Hindu marriage is not affected by omission to register. (Paras 8-9) C) Constitutional Law - Article 142 - Complete Justice - Supreme Court can pass orders to do complete justice, including declaring a marriage invalid by consent when parties admit no ceremonies were performed. (Paras 4-5)
Issue of Consideration
Whether a Hindu marriage can be considered valid under Section 7 of the Hindu Marriage Act, 1955, when no ceremonies (including saptapadi) were performed, and whether the marriage certificates obtained without such ceremonies are null and void.
Final Decision
The Supreme Court allowed the joint application under Article 142, declared the marriage dated 07.07.2021 invalid, declared the certificates from Vadik Jankalyan Samiti and under Uttar Pradesh Marriage Registration Rules, 2017 as null and void, and quashed Maintenance Case No.326/2023 and FIR No.463/2022 and proceedings thereunder. The transfer petition was disposed of accordingly.
Law Points
- Validity of Hindu marriage requires performance of requisite ceremonies under Section 7 of Hindu Marriage Act
- 1955
- Mere registration under Section 8 does not validate marriage without ceremonies
- Article 142 of Constitution can be invoked to declare marriage invalid by consent
