Valid Hindu marriages without registration
BS News Agency, Prayagraj: "Absence of marriage registration does not invalidate marriage" - This historic verdict of the Allahabad High Court has set a new precedent. Putting an end to many controversies regarding the absence of a registration certificate in the case of marriages solemnized under the Hindu Marriage Act, 1955, the court said that although registration is primarily used as evidence, it is not the only condition for determining the validity of the marriage.
In an order published on August 26, Justice Manish Nigam said, "When a Hindu marriage is solemnized in accordance with the proper rites as per the law, the state government is empowered to make rules regarding registration to facilitate the proof of that marriage. However, no marriage will become invalid merely because of the non-entry of the marriage in the registry." The court further clarified that even if the state government makes rules for mandatory registration, it does not have the power to declare the marriage invalid due to lack of registration.
The main petitioner in this case, Sunil Dubey and his wife, filed a petition for divorce by mutual consent on October 23, 2024. The Family Court of Azamgarh district, in an order dated July 4, 2025, directed them to submit their marriage registration certificate by July 29. The petitioner told the court that their marriage registration certificate was not available and marriage registration is not mandatory under the Hindu Marriage Act. Therefore, they should be exempted from submitting the certificate. This petition was also supported by the wife.
But the family court dismissed the petition on July 31, 2025. After that, Sunil Dubey filed a writ petition in the High Court.
The High Court judgment said that according to the judgments of the Supreme Court and various High Courts of the country, the marriage registration certificate is only a means of proof. Section 8(5) of the Hindu Marriage Act, 1955 states that the validity of the marriage shall not be lost due to lack of registration. The court further observed that the state government has been given the power to record the details of marriages, including the maintenance of the Hindu Marriage Registration Register, the main purpose of which is only to provide evidence.
This judgment is of great importance for the legal community as it is often seen in the country that marriage registration certificates are required to be submitted as evidence in cases of divorce, inheritance or other legal matters. In many cases, people face problems due to the absence of a marriage registration certificate. This judgment has made it clear that the validity of a marriage depends only on the marriage being solemnized according to the legal rituals and not on the certificate.
According to the legal community, this judgment does not diminish the need for the marriage registration system on the one hand, but rather gives it more importance as evidence. At the same time, it is a big relief for many common people who are suffering from the lack of registration. According to the court, a marriage will be valid only if it is solemnized according to the correct rituals as per the Marriage Act.