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Gujarat High Court Rules Registered Hindu Marriage Void Without Required Rituals

The June 23 order says ceremony-based solemnisation, not mere registration, creates legal husband‑and‑wife status and lets the man seek cancellation of the certificate.

Overview

  • A division bench of the Gujarat High Court on June 23 set aside a Family Court order and declared a registered marriage null and void ab initio after finding the essential Hindu rites were never performed.
  • The court relied on the respondent’s written admission that no ceremonies or husband‑wife relationship existed and held that this admission rebutted the presumption arising from the registration certificate.
  • The bench interpreted Section 7 of the Hindu Marriage Act to require customary rites such as saptapadi for a marriage to be ‘solemnised’ and said Section 8 registration only serves as evidence of a marriage already solemnised.
  • The High Court granted the appellant liberty to approach the competent authority to seek cancellation of the marriage registration and certificate and criticised the Family Court for ordering a full trial despite the admission.
  • Judges cited earlier Supreme Court rulings on registration’s limited evidentiary value, a precedent that could be invoked in future disputes over alleged fraud, cross‑border claims, and contested registrations.