Holding

Registration under Section 8 does not confer legitimacy on a marriage that has not been solemnised in accordance with Section 7 of the Hindu Marriage Act, 1955, rendering the certificates void.

Summary

The petitioners, both commercial pilots, claimed to have "solemnised" their marriage on 7 July 2021 and obtained a marriage certificate from Vadik Jankalyan Samiti, which was later used to register the marriage under the Uttar Pradesh Marriage Registration Rules, 2017. In reality, no Hindu rites or saptapadi were performed, and the parties later agreed to file a joint application under Article 142 seeking a declaration that the marriage was invalid and that the certificates were void. The Supreme Court examined whether registration under Section 8 of the Hindu Marriage Act, 1955 can confer legitimacy when the marriage ceremony required by Section 7 is absent. It held that a valid Hindu marriage must be solemnised with the prescribed ceremonies; without such ceremony, a registration certificate does not create a legal marriage. Consequently, the certificates issued by the Samiti and the Registrar were declared null and void, and the pending divorce, maintenance, and criminal proceedings were quashed. The Court allowed the joint application and disposed of the transfer petition.

Issues considered

Whether registration of a marriage under Section 8 of the Hindu Marriage Act, 1955 confers legitimacy when the marriage ceremony required by Section 7 is not performed.
Whether a certificate issued by an entity in the absence of the requisite Hindu marriage ceremonies is valid under the Act.
Whether divorce, maintenance, and criminal proceedings can be entertained when no valid Hindu marriage exists.
Whether a joint application under Article 142 of the Constitution can be entertained to declare the marriage and related certificates void.

Legislation cited

Code of Civil Procedure, 1908s. 25
Dowry Prohibition Act, 1961s. 3, s. 4
Hindu Marriage Act, 1955s. 4, s. 5, s. 7, s. 8
Indian Penal Code, 1860s. 34, s. 420, s. 498, s. 506, s. 509
Special Marriage Act, 1954
Uttar Pradesh Marriage Registration Rule, 2017

Subjects

Section 7 of the Hindu Marriage Act, 1955Section 8 of the Hindu Marriage Act, 1955MarriageMarriage ceremonyValid marriage ceremonyAbsence of valid marriage ceremonyNon-performance of marriage ceremony as per section 7 of the Hindu Marriage Act, 1955Registration of marriageValid marriage

Judgment

[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.

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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. Vanya
Gupta, Ms. Yagya Singh, Ms. Purva Mehta, Aditya Vaibhav Singh,
Advs. for the Petitioner.
Ms. Rukhsana Choudhury, Adv. for the Respondent.
Judgment / Order of the Supreme Court
Order
1. The present transfer petition is filed under Section 25 of the Code
of Civil Procedure, 1908 (for short, “CPC”) by the petitioner-wife
seeking the following reliefs:
a. “To transfer the divorce petition under Section 13(l)(ia)
of the Hindu Marriage Act, 1955 bearing Matrimonial
Case No. 82/2023 titled “Manish Kumar v/s Doly
Singh” pending before the Court of Principal Judge,
Family Court, Muzaffarpur, Bihar to the Court of
Principal Judge, Family Court, Ranchi Jharkhand; and
b. Pass such other and further orders and / or directions
as 1s deemed just and proper by this Hon’ble Court
in the facts and circumstances of the case.”
2. During the pendency of this petition the parties have decided to
resolve that dispute by filing a joint application under Article 142 of
the Constitution of India seeking certain reliefs as referred to later.
3. Briefly stated, the facts of the case are that the petitioner and the
respondent are trained commercial pilots. The parties were engaged
to be married on 07.03.2021. The petitioner and respondent claimed
to have ‘solemnized’ their marriage on 07.07.2021. They obtained a
“marriage certificate” from Vadik Jankalyan Samiti (Regd.). Based on
this certificate, they obtained a “Certificate of Registration of Marriage”
under the Uttar Pradesh Marriage Registration Rules, 2017. The
respective families of the parties fixed the date for performing the
marriage ceremony as per Hindu rites and customs on 25.10.2022.
[2024] 5 S.C.R. 513

Dolly Rani v. Manish Kumar Chanchal

Meanwhile, the petitioner and respondent lived separately but
nevertheless, differences ignited between them. According to the
petitioner, there was demand for dowry made by respondent’s family.
4. On 17.11.2022, the petitioner filed an FIR under Sections 498A,
420, 506, 509, 34 of the Indian Penal Code, 1860 (for short, “IPC”)
and Sections 3,4 of the Dowry Prohibition Act, 1961 (for short,
“DP Act”) against the respondent and his family members alleging
harassment.
5. Thereafter on 13.03.2023, the respondent approached the Court of
Principal Judge, Family Court, Muzaffarpur, Bihar by filing a petition
for divorce under Section 13(1)(ia) of the Act in Matrimonial Case
No.82/2023. Being aggrieved by this fact as the petitioner-wife is
currently residing in Ranchi, Jharkhand with her parents, she filed
the present transfer petition seeking to transfer the divorce petition
under Section 13(l)(ia) of the Hindu Marriage Act, 1955 (hereinafter
referred to as “the Act”) bearing Matrimonial Case No. 82/2023 titled
“Manish Kumar v/s Doly Singh” pending before the Court of Principal
Judge, Family Court, Muzaffarpur, Bihar to the Court of Principal
Judge, Family Court, Ranchi Jharkhand.
6. Learned counsel for the petitioner submitted that the respondent
has filed a Matrimonial Case No.82/2023 under Section 13(1)(ia) of
the Act seeking a decree of divorce as against the petitioner herein
whereas there being no marriage between the parties in the eyes of
the law, the respondent could not have sought for by the said decree.
7. Learned counsel for the respondent also submitted that indeed there
was no marriage in accordance with Section 7 of the Act inasmuch
as the requisites of a valid Hindu marriage insofar as ceremonies
are concerned, were not complied with but having no other recourse,
the respondent was constrained to file M.C. No.82/2023 as the
“marriage” between the parties was registered before the Registrar
of Marriages.
8. Learned counsel for the respective parties further submitted that during
the pendency of this transfer petition, the parties have discussed the
matter and they have agreed to file a joint application under Article
142 of the Constitution of India seeking the following prayers:
“(i) Grant a decree of declaration that the marriage dated
07.07.2021 between the parties is not valid in the
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eye of law by exercising its jurisdiction under Article
142 of the Constitution of India.
(ii) Consequently, grant a decree of declaration that the
certificate dated 07.07.2021 issued by under the Uttar
Pradesh Registration Rule, 2017, and certificate dated
07.07.2021 issued by the Vadik Jankalyan Samiti
(Regd.) are null and void.
(iii) Take on record the terms and conditions of settlement
as stated in paragraph 5 of this application.
(iv) Pass any other order/direction that this Court may
deem fit and necessary in the facts and circumstances
of the case.”
9. They submitted that since there was no valid marriage in the eye
of the law, the parties seek a declaration to the effect that the
so-called marriage dated 07.07.2021 was not valid in the law and
therefore, a declaration may be granted to that effect. Consequently,
the Certificate dated 07.07.2021 issued under the Uttar Pradesh
Registration Rules, 2017 and another certificate dated 07.07.2021
issued by the Vadik Jankalyan Samiti (Regd.) are also null and void
and would pale into insignificance in view of there being no valid
Hindu marriage and, therefore, the same may also be declared
null and void.
10. They submitted that the joint application filed by the parties herein
may be taken on record and the prayers sought by them may be
granted.
11. The parties are present before the Court. They have been identified
by their respective counsel. When queried by this Court, they indeed
stated that there was no “marriage” solemnized by them inasmuch
as no customs, rites and rituals performed. However, due to certain
exigencies and pressures, they were constrained to obtain the
certificate dated 07.07.2021 from Vadik Jankalyan Samiti (Regd.)
and on the basis of that certificate they sought registration under the
Uttar Pradesh Registration Rule, 2017 and a “Certificate of Marriage”
was issued by the Registrar of Marriages on 07.07.2021. That when
there was no Hindu marriage which took place between them, the
issuance of the said certificate is of no consequence. They further
stated in unison that this court may allow the prayers sought for by
[2024] 5 S.C.R. 515

Dolly Rani v. Manish Kumar Chanchal

them and declare that no marriage took place between the parties
and thereby permit them to lead their independent lives.
12. They further stated that the joint application has been filed under
Article 142 of the Constitution of India on their own free volition
without there being any coercion or undue influence from any side
and that they would abide by the terms and conditions of the joint
application and hence, this Court may grant the reliefs to them.
13. In the above backdrop, we have taken on record the joint application
filed by the parties under Article 142 of the Constitution of India
and we have perused the same. In the said joint application, the
petitioner has sought for quashing of Maintenance Case No.326/2023
filed by her and the Criminal Case instituted vide FIR No.463/2022
before Police Station-Sukhdev Nagar, Ranchi and the proceedings
thereunder against the respondent and his parents herein which
may also be quashed.
14. We have perused the other terms and conditions mentioned in the
joint application. We find the same to be lawful and we do not find
any legal impediment in accepting the terms and conditions of the
joint application. But before granting the reliefs sought for by the
parties we wish to make certain observations.
Section 7 of the Act reads as under:
“7. Ceremonies for a Hindu marriage.—(1) A Hindu
marriage may be solemnized in accordance with the
customary rites and ceremonies of either party thereto. (2)
Where such rites and ceremonies include the Saptapadi
(that is, the taking of seven steps by the bridegroom and the
bride jointly before the sacred fire), the marriage becomes
complete and binding when the seventh step is taken.”
15. Section 7 of the Act speaks about ceremonies of a Hindu marriage.
Sub-section (1) uses the word “solemnised”. The word “solemnised”
means to perform the marriage with ceremonies in proper form.
Unless and until the marriage is performed with appropriate
ceremonies and in due form, it cannot be said to be “solemnised”.
Further, sub-section (2) of Section 7 states that where such rites and
ceremonies include the saptapadi, i.e., the taking of seven steps
by the bridegroom and the bride jointly before the sacred fire, the
marriage becomes complete and binding when the seventh step is
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taken. Therefore, requisite ceremonies for the solemnisation of the
Hindu marriage must be in accordance with the applicable customs
or usage and where saptapadi has been adopted, the marriage
becomes complete and binding when the seventh step is taken.
Where a Hindu marriage is not performed in accordance with the
applicable rites or ceremonies such as saptapadi when included,
the marriage will not be construed as a Hindu marriage. In other
words, 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.
16. A perusal of the marriage certificate produced in the instant case along
with the application filed under Article 142 of the Constitution of India
states that the ‘marriage’ between the parties has been solemnised
according to Hindu Vedic rites and customs. 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. In the absence of any ceremony being
performed such a certificate could not have been issued. It is on the
basis of the said certificate that the Marriage Registration Officer has
issued under the Uttar Pradesh Marriage Registration Rule, 2017 a
certificate stating that the parties had presented before the office on
07.07.2021 and had declared that their marriage was solemnised
on the said date at Vadik Jankalyan Samiti (Regd.), Ghaziabad
and on the basis of the said certificate issued by the said entity, the
Marriage Registration Officer registered the marriage which is under
Section 8 of the Act.
Section 8 of the Act reads as under:
“8. Registration of Hindu marriages.— (1) For the purpose
of facilitating the proof of Hindu marriages, the State
Government may make rules providing that the parties
to any such marriage may have the particulars relating
[2024] 5 S.C.R. 517

Dolly Rani v. Manish Kumar Chanchal

to their marriage entered in such manner and subject to
such conditions as may be prescribed in a Hindu Marriage
Register kept for the purpose.
(2) Notwithstanding anything contained in sub-section
(1), the State Government may, if it is of opinion that it is
necessary or expedient so to do, provide that the entering
of the particulars referred to in sub-section (1) shall be
compulsory in the State or in any part thereof, whether in all
cases or in such cases as may be specified, and where any
such direction has been issued, any person contravening
any rule made in this behalf shall be punishable with fine
which may extend to twenty-five rupees.
(3) All rules made under this section shall be laid before
the State Legislature, as soon as may be, after they are
made.
(4) The Hindu Marriage Register shall at all reasonable
times be open for inspection, and shall be admissible as
evidence of the statements therein contained and certified
extracts therefrom shall, on application, be given by the
Registrar on payment to him of the prescribed fee.
(5) Notwithstanding anything contained in this section, the
validity of any Hindu marriage shall in no way be affected
by the omission to make the entry.”
17. Under Section 8 of the Act, it is open for two Hindus married under
the provisions of the Act to have their marriage registered provided
they fulfil the conditions laid down therein regarding performance
of requisite ceremonies. It is only when the marriage is solemnised
in accordance with Section 7, there can be a marriage registered
under Section 8. The State Governments have the power to make
rules relating to the registration of marriages between two Hindus
solemnised by way of requisite ceremonies. The advantage of
registration is that it facilitates proof of factum of marriage in a
disputed case. But if there has been no marriage in accordance
with Section 7, the registration would not confer legitimacy to the
marriage. We find that the registration of Hindu marriages under the
said provision is only to facilitate the proof of a Hindu marriage but
for that, there has to be a Hindu marriage in accordance with Section
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7 of the Act inasmuch as there must be a marriage ceremony which
has taken place between the parties in accordance with the said
provision. Although the parties may have complied with the requisite
conditions for a valid Hindu marriage as per Section 5 of the Act in
the absence of there being a “Hindu marriage” in accordance with
Section 7 of the Act, i.e., solemnization of such a marriage, there
would be no Hindu marriage in the eye of law. In 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. The registration of a marriage under
Section 8 of the Act is only to confirm that the parties have undergone
a valid marriage ceremony in accordance with Section 7 of the Act.
In other words, a certificate of marriage is a proof of validity of Hindu
marriage only when such a marriage has taken place and not in a
case where there is no marriage ceremony performed at all.
18. We further observe that a Hindu marriage is a sacrament and has
a sacred character. In the context of saptapadi in a Hindu marriage,
according to Rig Veda, after completing the seventh step (saptapadi)
the bridegroom says to his bride, “With seven steps we have become
friends (sakha). May I attain to friendship with thee; may I not be
separated from thy friendship”. A wife is considered to be half of
oneself (ardhangini) but to be accepted with an identity of her own
and to be a co-equal partner in the marriage. There is nothing like
a “better-half” in a marriage but the spouses are equal halves in a
marriage. In Hindu Law, as already noted, marriage is a sacrament
or a samskara. It is the foundation for a new family.
19. With the passage of centuries and the enactment of the Act,
monogamy is the only legally approved form of relationship between
a husband and a wife. The Act has categorically discarded polyandry
and polygamy and all other such types of relationships. The intent of
the Parliament is also that there should be only one form of marriage
having varied rites and customs and rituals. Thus, when the Act came
into force on 18.05.1955, it has amended and codified the law relating
to marriage among Hindus. The Act encompasses not only Hindus
as such but Lingayats, Brahmos, Aryasamajists, Buddhists, Jains
[2024] 5 S.C.R. 519

Dolly Rani v. Manish Kumar Chanchal

and Sikhs also who can enter into a valid Hindu marriage coming
within the expansive connotation of the word Hindu.
20. Section 4 of the Act is important and it gives an overriding effect
to the Act and it repeals all existing laws whether in the shape of
enactments, custom or usage inconsistent with the Act. Of course,
the said Section also saves anything otherwise expressly provided
under the Act. For immediate reference, Section 4 of the Act is
extracted as under:
“4. Overriding effect of the Act.- Save as otherwise
expressly provided in this Act,-
(a) any text, rule or interpretation of Hindu law or
any custom or usage as part of that law in force
immediately before the commencement of this Act
shall cease to have effect with respect to any matte
for which provision is made in this Act;
(b) any other law in force immediately before the
commencement of this Act shall cease to have effect
insofar as it is inconsistent with any of the provisions
contained in this Act.”
21. In effect a union of two persons under the provisions of the Act, by
way of a Hindu marriage gives them the status and character of
being a husband and wife in society. The said status is of significance
inasmuch as a man and a woman cannot be treated as a husband
and a wife unless a marriage is performed or celebrated with proper
and due ceremonies and in the prescribed form. In the absence of
any solemnisation of a marriage as per the provisions of the Act, a
man and a woman cannot acquire the status of being a husband
and a wife to each other. In the above context, we deprecate the
practice of young men and women seeking to acquire the status of
being a husband and a wife to each other and therefore purportedly
being married, in the absence of a valid marriage ceremony under the
provisions of the Act such as in the instant case where the marriage
between the parties was to take place later.
22. No doubt, under the Special Marriage Act, 1954, a man and a
woman can acquire the status of being a husband and a wife as
per the provisions of the said Act. The Special Marriage Act, 1954
is not restricted to Hindus. Any man and woman irrespective of their
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race, caste or creed can acquire the status of being a husband and
a wife under the provisions of the Special Marriage Act, 1954 but
under the provisions of the Act (Hindu Marriage Act, 1955), there
should not only be compliance of the conditions as prescribed under
Section 5 of the said Act but also the couple must solemnise a
marriage in accordance with Section 7 of the Act. In the absence of
there being any such marriage in accordance with Section 7 of the
Act, a certificate issued in that regard by any entity is of no legal
consequence. Further, any registration of a marriage which has not
at all taken place under Section 8 of the Act and as per the rules
made by the State Government would not be evidence of a Hindu
marriage and also does not confer the status of a husband and a
wife to a couple.
23. In recent years, we have come across several instances where
for “practical purposes”, a man and a woman with the intention of
solemnisation of their marriage at a future date seek to register their
marriage under Section 8 of the Act on the basis of a document which
may have been issued as proof of ‘solemnisation of their marriage’
such as in the instant case. As we have already noted, any such
registration of a marriage before the Registrar of Marriages and a
certificate being issued thereafter would not confirm that the parties
have ‘solemnised’ a Hindu marriage. We note that parents of young
couples agree for 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. Such practices have to be deprecated. What
would be the consequence, if no such marriage is solemnised at
all at a future date? What would be the status of the parties then?
Are they husband and wife in law and do they acquire such status
in society?
24. As already noted, a Hindu marriage is a samskara and a sacrament
which has to be accorded its status as an institution of great value
in Indian society. Children born out of a valid Hindu marriage are
legitimate and therefore they have full rights in law. This is not an
occasion for us to discuss about the vulnerability of illegitimate children
born outside wedlock who yearn for status equal to legitimate children
in society. Therefore, we urge young men and women to think deeply
about the institution of marriage even before they enter upon it and
as to how sacred the said institution is, in Indian society. A marriage
[2024] 5 S.C.R. 521

Dolly Rani v. Manish Kumar Chanchal

is not an event for ‘song and dance’ and ‘wining and dining’ or an
occasion to demand and exchange dowry and gifts by undue pressure
leading to possible initiation of criminal proceedings thereafter. 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. After all, a
marriage is sacred for it provides a lifelong, dignity-affirming, equal,
consensual and healthy union of two individuals. It is considered to
be an event that confers salvation upon the individual especially when
the rites and ceremonies are conducted1. The customary ceremonies,
with all its attendant geographical and cultural variations is said to
purify and transform the spiritual being of an individual.
25. The Hindu Marriage Act, 1955 solemnly acknowledges both the
material and spiritual aspects of this event in the married couple’s
lives. Besides providing a mechanism for registration of marriages
in order to confer the status of a married couple and acknowledge
rights in personam and rights in rem, a special place is given to rites
and ceremonies in the Act. It follows that the critical conditions for
the solemnizing of a Hindu marriage should be assiduously, strictly
and religiously followed. This is for the reason that the genesis of a
sacred process cannot be a trivial affair. The sincere conduct of and
participation in the customary rites and ceremonies under Section 7
of the Hindu Marriage Act, 1955 ought to be ensured by all married
couples and priests who preside over the ceremony.
26. The promises made to each by the parties to a Hindu marriage and
the oath taken by them to remain friends forever lay the foundation
for a life-long commitment between the spouses which should be
realized by them. If such commitment to each other is adhered to
by the couple, then there would be far fewer cases of breakdown
of marriages leading to divorce or separation.
27. But in the instant case, the above parameters have not been followed
by the parties herein. In the circumstances, we declare that the

1 HARMAN, WILLIAM. “THE HINDU MARRIAGE AS SOTERIOLOGICAL EVENT.” International Journal of
Sociology of the Family, vol. 17, no.2, 1987, pp.169-82.
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‘marriage’ dated 07.07.2021 between the parties is not a ‘Hindu
marriage’ having regard to the provisions of Section 7 of the Act.
Consequently, the certificate issued by the Vadik Jankalyan Samiti
(Regd.) dated 07.07.2021 is declared null and void. In view of the
above the Certificate issued under the Uttar Pradesh Registration
Rules, 2017 dated 07.07.2021 is also declared null and void.
28. In view of the aforesaid declaration, it is further declared that the
petitioner and the respondent were not married in accordance with
the provisions of the Act and therefore, they have never acquired
the status of husband and wife.
29. Consequently, the three cases filed by the parties against each other
stand quashed, namely,-
“(a) The divorce petition Matrimonial Case No.82/2023
filed by the respondent/Manish Chanchal, which is
pending before the Family Court at Muzaffarpur, Bihar;
(b) The Maintenance Case No.326/2023 filed by
petitioner/Doly Rani at Ranchi, Jharkhand;
(c) The criminal case FIR No.463/2022 initiated at PS
Sukhdev Nagar, Ranchi by the petitioner/Doly Rani
and proceedings thereunder, against the respondent/
Manish Chanchal and his parents.”
30. In view of the above, the application filed under Article 142 of the
Constitution is allowed.
31. Consequently, the Transfer Petition stands disposed.
32. Pending application(s), if any, shall stand disposed of.

Headnotes prepared by: Ankit Gyan Result of the case:
Transfer petition disposed of.