Overview

• Justice Manish Kumar Nigam allowed a writ petition by Sunil Dubey challenging the Azamgarh Family Court’s July 31 order requiring a marriage certificate.
• The High Court clarified that a registration certificate is only evidence of marriage and that non-registration does not affect validity under Section 8(5) of the Hindu Marriage Act, 1955.
• The bench said trial courts should not demand a certificate in mutual consent divorce proceedings when both spouses acknowledge the marriage.
• The ruling referenced the Uttar Pradesh Marriage Registration Rules, 2017, noting Rule 6(2) does not render an unregistered marriage illegal.
• The family court was directed to decide the pending Section 13(B) petition expeditiously after it had earlier set a deadline for filing a certificate during the case.