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.