IMPORTANT POINT
Divorce by mutual consent – Registration certificate is only an evidence to prove marriage and absence of registration of marriage will not invalidate marriage.

JUDGMENT

This petition has been filed challenging the order dated 31.07.2025 passed by Additional Principal Judge, Family Court, Court No. 1, Azamgarh in Case No. 1138 of 2024 (Sunil Dubey Vs. Minakshi) by which an application filed by the petitioner Paper No. 13-Ka for waiving off the filing of registration certificate of the marriage before the court has been rejected by the court below.

2. Brief facts of the case are that husband-petitioner and defendantwife filed an application under Section 13 (B) of the Hindu Marriage Act, 1955 for divorce by mutual consent on 23.10.2024 which was registered as Case No. 1338 of 2024. During the pendency of the petition, learned Family Court Judge by order dated 04.07.2025 fixed 29.07.2025 for filing of marriage certificate. The petitioner filed an application Paper No. 13- Ka with the prayer that the Registration Certificate is not available with the parties and there is no compulsory requirement for getting the marriage registered under the Hindu Marriage Act, 1955 (hereinafter referred as “Act, 1955”) therefore, the petitioner may be exempted from filing the marriage certificate. The said application was also supported by the opposite party. The court below by order dated 31.07.2025 has rejected the application filed by the petitioner on the ground that as per Rule 3(a) of Hindu Marriage and Divorce Rules, 1956 dated 18.09.1956, (hereinafter referred as “Rules, 1956”) it is mandatory that in every proceeding under the Hindu Marriage Act, 1955 marriage certificate should be annexed along with the proceedings, therefore, even though there is no objection by the other side, since the filing of marriage certificate is mandatory as per Rule 3(a) of Rules, 1956, the same can not be exempted and the application of the petitioner was rejected. Hence the present petition.

3. Learned counsel for the petitioner contended that Section 8 of the Hindu Marriage Act, 1955 provides for registration of marriage but the marriage is not invalidated for want of registration of marriage and it has been further submitted by the counsel for the petitioner that since the marriage of the petitioner was solemnized on 27.06.2010, therefore, the provisions of Uttar Pradesh Marriage Registration Rules, 2017 (hereinafter referred as “Rules, 2017”) will not apply to marriage solemnized before the commencement of the Rules and even otherwise, as per Rule 6 of Rules, 2017, the marriage will not be illegal for want of registration.

4. Since there is no objection by the other side to the application filed by the petitioner and the petition is arising out of proceedings under Section 13(B) of the Hindu Marriage Act, 1955 this petition is being disposed of at the admission stage itself without issuing notice to the opposite party as there is no factual dispute in the petition.

5. Before considering the submission of learned counsel for the petitioner, it would be appropriate to consider the provisions of Section 8 of the Hindu Marriage Act, 1955 which is quoted as under:—

“Section 8 in the Hindu Marriage Act, 1955

8. Registration of Hindu marriages.—(1) For the purpose of facilitating the proof of Hindu marriages, the State Government may make rules providing that the parties to any such marriage may have the particulars relating to their marriage entered in such manner and subject to such conditions as may be prescribed in a Hindu Marriage Register kept for the purpose.

(2) Notwithstanding anything contained in sub-section (1), the State Government may, if it is of opinion that it is necessary or expedient so to do, provide that the entering of the particulars referred to in sub-section (1) shall be compulsory in the State or in any part thereof, whether in all cases or in such cases as may be specified, and where any such direction has been issued, any person contravening any rule made in this behalf shall be punishable with fine which may extend to twenty-five rupees.

(3) All rules made under this section shall b