The observations came while allowing an application under Article 142 of the Constitution (plenary powers of the Supreme Court to do complete justice in a case) in a transfer petition.
The divorce, maintenance and criminal proceedings against the parties were eventually quashed in view of the marriage not having been legalised in terms of the Hindu Marriage Act.
The couple in the case had not solemnised their marriage as per Hindu rites but only registered their marriage under Section 8 of the Act.
They had obtained a “marriage certificate” from Vadik Jankalyan Samiti. Based on this certificate, they obtained a “Certificate of Registration of Marriage” under the Uttar Pradesh Marriage Registration Rules, 2017 and got their marriage registered under Section 8 of the Act.
The Court ruled that 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 Court said.
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, the Bench made it clear.
It also delved into the importance of marriage in its ruling.
The Court took exception to what it flagged as the trend of Indian marriages being registered without valid ceremonies necessary under the Hindu Marriage Act.
It observed that marriage as an institution holds great value in Indian society, and parents of couples should not encourage any on-paper registrations.
“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,” it said.
It also took exception to parents approving the union of their kids in the manner as in instant case, observing,
“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?”
Source: Barandbench
