The Gujarat High Court, while giving an important decision regarding the validity of Hindu marriage, has made it clear that a Hindu marriage cannot be considered legally valid merely because a marriage certificate is issued. The court said that the marriage will be valid only if the essential religious rituals prescribed under the Hindu Marriage Act, 1955 are fulfilled. Justice Ilesh J. Vora and Justice R.T. Vachhani’s division bench said in its decision that in communities where there is a mandatory tradition of seven rounds of marriage, without them the marriage cannot be considered complete and valid.
‘Marriage certificate is only a record, not proof of marriage’
The High Court said that the purpose of marriage certificate is to create a record of an already solemnized marriage. This document does not automatically give legal recognition to a marriage. If the marriage has been solemnized without religious or traditional rituals prescribed by law, it cannot be considered valid on the basis of the certificate alone.
Hearing on the petition of a person living in Britain
This case is related to the appeal of a person living in Britain. The petitioner alleges that a woman from Ahmedabad got him to sign some documents on the pretext of getting him a job and later got a fake marriage certificate made on the basis of those documents. The petitioner says that there was never a marriage between the two as per Hindu customs, hence the marriage certificate cannot be considered as proof of a valid marriage.
What is the importance of the decision?
The High Court’s comments are considered important in such cases, where there is a dispute over the actual ceremony of marriage and marital relationship is claimed only on the basis of marriage certificate. The court clarified that mere registration is not sufficient for the validity of a Hindu marriage, but observance of the traditions of the concerned community and the essential marital rituals prescribed in the Hindu Marriage Act is also necessary.