10/22, 06:33] Sekarreporter 1: https://youtu.be/aEFwm-z3-Kg [10/22, 06:33] Sekarreporter 1: Law Trend- Legal News Website HomeJudgements JUDGEMENTSTRENDING STORIES Registration of Marriage Without Being Preceded by any Marriage Ceremony is Invalid: Madras HC Mehak Dhiman By Mehak Dhiman October 21, 2022 6:52 PM 0 61 FacebookWhatsApp kanyadan marriage Recently, The Madras HC ruled that registration of marriage without being preceded by any marriage ceremony is invalid.
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JUDGEMENTSTRENDING STORIES
Registration of Marriage Without Being Preceded by any Marriage Ceremony is Invalid: Madras HC
Mehak Dhiman
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Mehak Dhiman
October 21, 2022 6:52 PM
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Recently, The Madras HC ruled that registration of marriage without being preceded by any marriage ceremony is invalid.
The bench of Justice R. Vijayakumar was dealing with the petition filed to quash the marriage certificate that was issued by the second respondent and to quash the same as illegal on the file of the third respondent.
In this case, The petitioner while she was doing her Bachelor’s degree, the fourth respondent who is her cousin used to tease her.
One day when the petitioner was in College, the fourth respondent informed her that her mother had fallen ill and she has been admitted in the Hospital.
Believing the same, the petitioner had accompanied the fourth respondent in a Car, only to be taken to the third respondent’s office.
In the third respondent’s Office, forcibly photographs were taken and she was forced to sign the marriage register on the threat that her parents would be killed. In a helpless situation, she has signed the papers before the third respondent’s office.
The issue for consideration before the bench was:
Whether the marriage certificate could be quashed or not?
The bench observed that as per Section 7 of the Act, the Registrar has got the power to refuse the registration of marriage if he is satisfied as reason to believe that the marriage between the parties is not performed in accordance with personal law of the parties or custom or usage or tradition.
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High Court stated that Only after marriage is conducted as per the respective personal laws, the said marriage could be registered under the Act. Without undergoing the marriage ceremony, the marriage cannot be registered under the Act. Mere registration of the marriage without undergoing any marriage ceremony as per their respective personal law, would not confer any marital status upon the couple.
The bench opined that “without undergoing marriage ceremony as per the respective personal laws, custom or usage or tradition of the parties, the parties cannot present an application for registration of the marriage. In case, if any such application is being presented, the Registrar is duty bound to verify the fact whether any marriage has taken place already. Without verifying the factum of marriage, the Registering Authority cannot mechanically register the marriage based upon the application present by the parties. In case, if any marriage certificate is issued without being preceded by any marriage ceremony, it can only be considered to be a fake marriage certificate.”
High Court noted that Section 23 of the Act clearly specifies that non-registration of the marriage does not invalidate the marriage. Hence, it is clear that the registration will not confer marital status, but only the formal marriage ceremony as per the personal law would confer marital status upon the parties.
In view of the above, the bench allowed the petition and set aside the marriage certificate.
Case Title: B.Sahar Banu v. The Inspector General of Registration
Bench: Justice R. Vijayakumar
Case No.: W.P.(MD).No.7288 of 2015
Counsel for the appellant: Mr. S.M.A. Jinnah
Counsel for the respondent: Mr. K.S. Selvaganesan
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