Gujarat HC voids registered marriage over absence of Hindu customs

THe gujerat heights margaret court has go under apart a family court order and declared a marriage null and void, holding that registration of a marriage cannot create a valid Hindu marriage where the essential rites and ceremonies were never performed.A division bench of Justice Ilesh J Vora and Justice RT Vachhani, in a judgment dated June 23, allowed an appeal by a man residing in the United Kingdom and held that the family court had erred in refusing to act on the respondent’s admission that no lawful marriage had ever been solemnised, according to a copy of the 10-page order seen by HT.“The word ‘solemnised’ used in Section 7 means that the marriage must be performed in the proper manner and with the required ceremonies. Unless the marriage is performed with the necessary customary rites and ceremonies, it cannot be treated as a marriage that has been solemnised under the Act. In the absence of such solemnisation, there is no valid Hindu marriage in the eyes of law,” as per the court order.According to the court record, the appellant said he learnt of the alleged marriage only when the respondent approached his parents with a marriage certificate claiming to be his legally wedded wife.He stated that he had never solemnised any marriage with the respondent, never performed any Hindu rites or ceremonies and had never lived with her as husband and wife. He further alleged that while working in a company owned by the respondent’s father, his signatures on marriage documents were obtained fraudulently under the promise of a promotion or threat of termination, without his free consent.During the proceedings before the family court, the respondent filed a written statement admitting that no marriage rites or rituals had been performed, that no lawful marriage had been solemnised between the parties and that they did not share the relationship of husband and wife.Also Read: Man pays ₹36 lakh to marry woman he met only on video call, regrets it 9 days laterAccording to the high court order, the family court nevertheless held that the existence of a registered marriage certificate raised a presumption of a valid marriage requiring a full trial and rejected the appellant’s application for a decree on admission. Allowing the appeal, the high court held that the family court had committed a “serious error” in not acting upon the respondent’s “clear and unambiguous admission.”“It is submitted that when the defendant herself has admitted that no Hindu rites and ceremonies were performed and that no lawful marriage was solemnized, there was no justification for directing a full trial. It is further submitted that the mere existence of a marriage certificate cannot create a valid marriage when the essential ceremonies were never performed and when the defendant herself has admitted this fact on record,” the court observed in its order.Referring to Section 7 of the Hindu Marriage Act, 1955, the bench noted that where the customary rites and ceremonies include Saptapadi, the bride and groom jointly taking seven steps before the sacred fire, the marriage becomes complete and legally binding only when the seventh step is taken.Referring to Section 8 of the Hindu Marriage Act, 1955, the bench clarified that registration merely facilitates proof of a marriage already validly solemnised under Section 7 and cannot itself create the legal status of husband and wife.“The purpose of registration under Section 8 is only to provide evidence and proof of a marriage that has already been validly solemnised in accordance with Section 7 of the Act. Registration under Section 8 does not, by itself, make a marriage valid or legal if the essential ceremonies required under Section 7 have not been performed,” as per the court order. It added that where no marriage has actually taken place, “any registration made or certificate issued will have no legal effect and will not create the legal status of husband and wife between the parties.”The high court also relied on the Supreme Court’s ruling in Rathnamma & Ors. V. Sujathamma & Ors., which held that mere registration of an agreement of marriage is not sufficient to prove the existence of a valid marriage.The bench noted that the appellant’s assertions that he resided abroad, had never been informed of the alleged marriage and had never cohabited with the respondent remained uncontroverted. It observed that by refusing to act on the respondent’s admission, the family court “has caused injustice to the appellant and has prolonged the litigation without any real benefit.”Allowing the appeal, the high court quashed the family court’s order and declared the alleged marriage “null and void ab initio, as no right or liability flows from such marriage.” It granted liberty to the appellant to approach the competent authority for cancellation of the marriage registration and the marriage certificate.In its observations, the bench said Hindu marriage is a sacrament and the foundation of a family.“Marriage is not merely an occasion for ‘song and dance’ or ‘wining and dining’. Marriage is not a commercial transaction. It is a solemn and foundational event through which a man and a woman enter into a relationship as husband and wife for the purpose of building a family in the future,” the bench observed.