LexDOLLY RANI versus MANISH KUMAR CHANCHAL
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[2024] 5 S.C.R. 510 : 2024 INSC 355 Dolly Rani v. Manish Kumar Chanchal (Transfer Petition (C) No. 2043 of 2023) 19 April 2024 [B.V. Nagarathna and Augustine George Masih, JJ.] Issue for Consideration When the marriage ceremony had not been performed in accordance with section 7 of the Hindu Marriage Act, 1955, whether registration of such a marriage under section 8 of the 1955 Act would confer any legitimacy to it. Headnotes Hindu Marriage Act, 1955 – ss. 7 and 8 – During the pendency of the transfer petition, parties decided to resolve the dispute by filing a joint application u/Art.142 of the Constitution inter- alia seeking declaration that the marriage between the parties was not valid, consequently, the certificate issued by the Vadik Jankalyan Samiti and the marriage certificate issued under the Uttar Pradesh Registration Rule, 2017 were null and void: Held: For a valid marriage under the Act, the requisite ceremonies have to be performed and there must be proof of performance of the said ceremony when an issue/controversy arise – Unless the parties have undergone such ceremony, there would be no Hindu marriage according to Section 7 of the Act and a mere issuance of a certificate by an entity in the absence of the requisite ceremonies having been performed, would neither confirm any marital status to the parties nor establish a marriage under Hindu law – The certificate issued by Vadik Jankalyan Samiti (Regd.) in the absence of any indication as to the rites and customs that were performed and as to whether the requirements under Section 7 of the Act was complied with would not be a certificate evidencing a Hindu marriage in accordance with Section 7 of the Act – It is on the basis of the said certificate that the Marriage Registration Officer has issued certificate under the Uttar Pradesh Marriage Registration Rule, 2017 – It is only when the marriage is solemnised in accordance with Section 7, there can be a marriage registered under Section 8 – But if there has been no marriage in accordance with Section 7, the registration would not confer legitimacy to the marriage – In [2024] 5 S.C.R. 511 Dolly Rani v. Manish Kumar Chanchal the absence of there being a valid Hindu marriage, the Marriage Registration Officer cannot register such a marriage under the provisions of Section 8 of the Act – Therefore, if a certificate is issued stating that the couple had undergone marriage and if the marriage ceremony had not been performed in accordance with Section 7 of the Act, then the registration of such marriage under Section 8 would not confer any legitimacy to such a marriage. [Paras 15, 16, 17] Hindu Marriage Act, 1955 – Absence of a valid marriage ceremony – Practice Deprecated. [Para 21] Hindu Marriage Act, 1955 – Registration of a marriage in order 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 – Practice deprecated. [Para 23] Hindu Marriage Act, 1955 – Purpose of marriage: Held: 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 – A Hindu marriage facilitates procreation, consolidates the unit of family and solidifies the spirit of fraternity within various communities. [Para 24] Books and Periodicals Cited Harman, William “The Hindu Marriage As Soteriological Event”. International Journal of Sociology of the Family, vol. 17, no.2, 1987, pp.169-82. List of Acts Hindu Marriage Act, 1955; Code of Civil Procedure, 1908; Penal Code, 1860; Dowry Prohibition Act, 1961; Special Marriage Act, 1954; Uttar Pradesh Marriage Registration Rule, 2017. List of Keywords Section 7 of the Hindu Marriage Act, 1955; Section 8 of the Hindu Marriage Act, 1955; Marriage; Marriage ceremony; Valid marriage ceremony; Absence of valid marriage ceremony; Non-performance of marriage ceremony as per section 7 of the Hindu Marriage Act, 1955; Registration of marriage; Valid marriage. 512 [2024] 5 S.C.R. Digital Supreme Court Reports Case Arising From ORIGINAL JURISDICTION: Transfer Petition (C) No. 2043 of 2023 Petition Filed Under Section 25 of The Code of Civil Procedure, 1908 Appearances for Parties Dhruv Gupta, Kumar Prashant, Ms. Aprajita Mishra, Ms.
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