Allahabad High Court's BIG Ruling: Absence Of Registration Certificate Doesn't Invalidate Marriage

(MENAFN- Live Mint) In a significant ruling, the Allahabad High Court recently said that the absence of marriage registration will not invalidate the marriage.

The state governments are empowered to frame rules for marriage registration but the object of such registration is merely to provide convenient evidence of the marriage, the High Court said in its judgement dated August 26, 2025.

The HC gave the judgement while setting aside the order of a family court at Azamgarh district of Uttar Pradesh, which had rejected the application of a petitioner for exemption from producing a marriage registration certificate.

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Allowing the writ petition filed by Sunil Dubey,Allahabad High Court's Justice Manish Nigam said: "When a Hindu marriage is solemnised in accordance with the provisions of the Hindu Marriage Act , 1955, in order to facilitate proof of such marriage by Section 8(1) of the Act, 1955, the state governments are empowered to make rules for registration of such marriage."

"Due to failure to make an entry of the marriage in the register, the validity of the marriage is not affected. Even though the state government makes rules for compulsory registration of marriage, there cannot be a rule declaring marriage invalid for want of registration," Justice Nigam also said.

The petitioner, husband Sunil Dubey, and defendant wife filed an application under Section 13 (B) of the Hindu Marriage Act, 1955, for divorce by mutual consent on October 23, 2024.

On July 4, 2025, the family court had fixed July 29, 2025, for the filing of their marriage certificate.

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Dubey filed an application, saying that the registration certificate is not available with the parties and there is no compulsory requirement for getting the marriage registered under the Hindu Marriage Act, 1955, therefore, the petitioner may be exempted from filing the marriage certificate.

The opposite party also supported Dubey's application.

The family court, in its July 31, 2025, order, rejected the application filed by the petitioner, after which he moved the High Court.

"From the laws as laid down by various High Courts, including this court as well as the Supreme Court, it is settled that a registration certificate is only evidence to prove the marriage and the absence of registration of marriage will not invalidate the marriage in view of sub-section 5 of Section 8 of the Hindu Marriage Act, 1955," the High Court observed.

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