A valid Hindu marriage requires solemnization in accordance with the provisions of the Hindu Marriage Act, and mere registration of marriage without solemnization is invalid.

SRINIVASAN, J.

This appeal is by the plaintiff in O.S. 16/92 on the file of Additional Family Court, Madras. The prayer in the suit is to declare that the marriage registered on 22-8-91 according to the Certificate No. 221/91 on the file of the Registrar of Hindu Marriages is not a valid marriage at all and to set aside the said Certificate as null and void.

2. The case of the plaintiff/ appellant is as follows:-

She is, a final year B.A. student in Bhiraj College, Madras. She was introduced to the defendant sometime back by a common friend. The defendant gave a flowery picture of the education and the status in life and represented to her that he was going to U.S.A. soon and he could get a visa for her too. He promised to get her a good employment in U.S.A. immediately on her completion of education. He took her signatures in the forms of application for passport. On 22-8-91 he induced her to go to the office of the sub-Registrar, T. Nagar, fraudulently representing her that a marriage certificate should be obtained for the purpose of getting a Visa in her name and she should be described as wife. The plaintiff signed the necessary forms before the Registrar and false declarations were given by the defendant in the office of the Registrar. Thereafter, they went to their respective houses and they never lived together as husband and wife. But it was then discovered by the plaintiff that the representations made by the defendant were dishonest and false and he made her to sign in the forms on false pretext. The Marriage Registration Certificate was null and void and the plaintiff is entitled to a declaration as such.

3. The defendant, after receiving summons in the suit remained ex parte. He was set ex parte. The plaintiff gave evidence in support of her case. The learned Judge of the Additional Family Court dismissed the suit holding that the plaintiff and the defendant liked each other, loved each other and thereafter they had their marriage registered at the Sub-Registrar's Office without any inducement or external pressure on them. The learned Judge held that on the basis of the evidence of P. W. 1 it was not possible to grant relief, as prayed for in the suit.

4. The aggrieved plaintiff has preferred this appeal. The respondent could not be served in the ordinary process and substituted service was ordered by publication in newspapers. Such publication has been effected but yet the respondent has not chosen to enter appearance. We declare that the respondent has been served in accordance with law on account of the publication in the newspapers. We set him ex parte. The respondent's name was called three times by the Court Officer and nobody has appeared for the respondent.

5. The only evidence on record is that of the plaintiff. She has stated that the defendant became her friend about a year prior to the deposition. They have met about five times. He assured her that after her completion of B.A., he would get her employment in U.S.A. For that purpose, he told her that a certificate would be necessary; showing her as his wife. They went to the office of the Registrar at Nagar and registered the marriage. Immediately thereafter, she went to her house and he went to his place and further as assured by him, he did not get her any employment.

6. A perusal of the evidence shows that there was no form of marriage gone through between the plaintiff and the defendant at any time. What all has happened is only the registration of a marriage under the provisions of the Hindu Marriage Act. Section 7 of the Hindu Marriage Act provides that a Hindu Marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto and where such rites and ceremonies include the saptapadi, that is, the taking of seven steps by the Bridegroom and the bride jointly before the sacred fire, the marriage becomes complete and binding when the seventh step is taken.

7. In the State of Tamil Nadu, an amendment was intr