A Hindu marriage must be solemnized according to Section 7 of the Hindu Marriage Act, but a presumption of validity arises from the issuance of marriage certificates, requiring substantial evidence to challenge.

1. The present Appeal is filed under Section 19 of the Family Courts Act , 1984, read with Section 28 of the Hindu Marriage Act , 19551, impugning the Judgment dated 04.10.20242 passed by the learned Principal Judge, Family Court, Saket (District-South), New Delhi3, in HMA No. 1299/2024, wherein both parties were arrayed as Petitioners.

2. By the Impugned Judgment, the learned Family Court dismissed the joint petition filed by the parties herein, Husband and Wife, under Section 7 of the HMA, which sought a decree declaring their alleged marriage dated 30.01.2024 as null and void, along with a declaration that the certificate dated 02.02.2024 issued by the Office of District Magistrate, Shahdara District, Delhi4, and the certificate dated 30.01.2024 issued by the Arya Samaj Mandir Vivah Bandhan Trust (Regd.), Delhi5, are null and void.

3. The principal ground on which the parties sought the relief was that the statutory requirements of Section 7 of the HMA were not satisfied at the time of the alleged marriage, and consequently, no valid marriage subsisted between the parties in the eyes of the law. It was thus contended that, due to non-compliance with Section 7 , the rites and ceremonies performed did not give rise to a legally binding Hindu marriage. For convenience of reference, Section 7 of the HMA is reproduced below:

“7. Ceremonies for a Hindu marriage:

(1) A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.

(2) 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.”

4. At the very outset, it appears to us that the joint Petition/Application6 before the learned Family Court, or the present Appeal arising therefrom, appears to be a novel and ingenious method devised with the intent of circumventing the statutory rigours set out in the HMA. It seeks to create a new genre of void marriages over and beyond what has already been provided for in the Act.

5. Shorn of unnecessary details, the facts germane to the institution of the present Appeal, as pleaded by the parties, may be summarized as under:

(a) The parties, with mutual consent, decided to marry each other. Since the Husband resides in London, United Kingdom, the parties were compelled to expedite the marriage-related ceremonies and rituals due to time constraints, and also to facilitate the process of the Wife obtaining a visa for the United Kingdom.

(b) In this backdrop, the parties first performed a pre-engagement ceremony (Roka) on 16.11.2023. Owing to the limited time available, they subsequently decided to solemnize their marriage at the Arya Samaj Mandir. The marriage ceremony was accordingly performed on 30.01.2024, in the presence of a few family members, and a marriage certificate dated 30.01.2024 was issued by the Arya Samaj Mandir.

(c) On the strength of the said marriage certificate, along with supporting evidence such as photographs and affidavits, the parties proceeded to have their marriage formally registered on 02.02.2024 at the Office of the District Magistrate, Shahdara, New Delhi.

(d) It is further averred in the Petition before the learned Family Court that the parties had intended to perform a more elaborate marriage ceremony, with full rites, rituals, and customs, scheduled for 20.04.2024. However, prior to t