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Allahabad High Court Affirms Validity of Unregistered Hindu Marriages and Sets Aside Azamgarh Order

The court said registration is only evidentiary under Section 8(5) of the Hindu Marriage Act, not a condition for a valid marriage.

Overview

  • Justice Manish Kumar Nigam issued the August 26 order clarifying that a marriage certificate is not required for a Hindu marriage to be legally valid.
  • The High Court quashed the Azamgarh family court’s July 31 directive insisting on a registration certificate in a mutual-consent divorce filed by Sunil Dubey and his wife.
  • Citing Section 8(5) of the Hindu Marriage Act, the court held that omission to register does not affect validity and that registration primarily facilitates proof.
  • The bench noted state governments may frame registration rules but cannot make non‑registration a ground to invalidate a marriage, aligning with Uttar Pradesh’s 2017 Rules.
  • Because both spouses admitted the marriage, the court called the demand for a certificate uncalled for and directed expeditious disposal of the pending divorce.