In a significant decision, the Allahabad High Court recently stated that the absence of marriage registration does not relieve marriage.
State governments are empowered to record the rules for marriage, but the aim of such a registration is only to provide comfortable evidence of marriage, the High Court said in its judgment of 26 August 2025.
HC issued a judgment while annulled the family court of the Azamgarh District in Uttar Pradesh, who rejected the petitioner’s application for an exception to the marriage certificate.
The justice of the High Court in Allahabad, who filed a written petition filed by Dubey, said: “When the Hindu marriage is celebrated in accordance with the provisions of the 1955 Hindu Marriage Act to facilitate evidence of this marriage under Section 8 (1) of the 1955 Act.”
“Given that he was unable to enter into marriage in the register, the validity of marriage is not influenced. Although the state government brings rules for compulsory marriage registration, there can be no rule that declares marriage invalid for registration,” Nigam also said.
The petitioner, the husband Sunil Dubey and the defendant’s wife submitted an application pursuant to Section 13 (a). B) of the 1955 Hindu Marriage Act for divorce for mutual consent on 23 October 2024.
On July 4, 2025, the Family Court set 29 July 2025 under the filing of its marriage certificate.
Dubey submitted an application and stated that the registration certificate is not available to the parties and there is no mandatory requirement to register the marriage under the Hindu marriage Act of 1955, so the petitioner may be exempt from the marriage.
The expected party also supported Dubey’s request.
In its 31th July 2025, the family court rejected the applicant, after which the High Court moved.
“The laws stipulated by the various Supreme Courts, including this court, as well as the Supreme Court, are resolved that the registration certificate is merely evidence that demonstrates the marriage and the absence of marriage registration with regard to subsection 5 § 8 of the Hindu marriage Act of 1955.
(Tagstotranslate) High Court Allahabad
