A) ABSTRACT / HEADNOTE

The case examines the validity of a marriage registered under Section 8 of the Hindu Marriage Act, 1955, without compliance with the ceremonial requirements of Section 7 of the Act. The Supreme Court, invoking its jurisdiction under Article 142 of the Constitution of India, declared the marriage between the parties null and void due to the non-performance of essential Hindu marriage rituals. The judgment underscores the sanctity of marriage under Hindu law and deprecates practices such as registering marriages for convenience or expediency without actual solemnization. It also addresses the misuse of marriage certificates for purposes like visa applications and emphasizes adherence to the sacrosanct nature of marriage rites and customs.

Keywords: Hindu Marriage Act, Valid Marriage Ceremony, Non-Solemnized Marriage, Section 7, Section 8, Marriage Registration, Article 142.

B) CASE DETAILS

• Judgment Cause Title: Dolly Rani v. Manish Kumar Chanchal
• Case Number: Transfer Petition (C) No. 2043 of 2023
• Judgment Date: 19 April 2024
• Court: Supreme Court of India
• Quorum: Justice B.V. Nagarathna and Justice Augustine George Masih
• Author: Justice B.V. Nagarathna
• Citation: [2024] 5 S.C.R. 510; 2024 INSC 355
• Legal Provisions Involved: Sections 7 and 8 of the Hindu Marriage Act, 1955; Article 142 of the Constitution of India.
• Judgments Overruled by the Case: None explicitly overruled.
• Case Related to Law Subjects: Family Law, Hindu Marriage Law, Constitutional Law.

C) INTRODUCTION AND BACKGROUND OF JUDGMENT

The case emerged from a transfer petition filed under Section 25 of the Code of Civil Procedure, 1908, by the petitioner-wife seeking the transfer of a divorce petition filed by the respondent-husband. During the pendency of the petition, the parties resolved their dispute through a joint application under Article 142 of the Constitution, requesting a declaration of nullity regarding their purported marriage. The case hinged on the absence of essential Hindu marriage ceremonies, rendering the registration of their marriage legally inconsequential.

D) FACTS OF THE CASE

1. The petitioner and the respondent were engaged on 7 March 2021 and claimed to have solemnized their marriage on 7 July 2021.
2. They obtained a marriage certificate from Vadik Jankalyan Samiti (Regd.), which led to the issuance of a registration certificate under the Uttar Pradesh Marriage Registration Rules, 2017.
3. The formal ceremonial marriage was scheduled for 25 October 2022, but differences arose, including allegations of dowry harassment.
4. The petitioner filed an FIR under Sections 498A, 420, 506, 509, and 34 of the Indian Penal Code, 1860, and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
5. The respondent filed a divorce petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
6. Both parties later filed a joint application under Article 142 seeking a declaration of nullity of their marriage.

E) LEGAL ISSUES RAISED

• Whether a marriage certificate issued without adherence to Section 7 of the Hindu Marriage Act, 1955 holds legal validity.
• Whether the registration of marriage under Section 8 confers legitimacy on a marriage not solemnized as per Hindu customs and rites.

F) PETITIONER’S ARGUMENTS

1. The petitioner contended that no valid marriage existed since the requisite ceremonies under Section 7 were not performed.
2. The marriage certificate from Vadik Jankalyan Samiti was obtained under coercion and misrepresentation.
3. The registration of the marriage was void as it was not based on a solemnized Hindu marriage.

G) RESPONDENT’S ARGUMENTS

1. The respondent admitted that the marriage was not solemnized according to Section 7 but claimed no alternative to filing a divorce petition.
2. The registration of the marriage, based on the certificate issued by the Vadik Jankalyan Samiti, was sufficient for initiating legal proceedings.

H) RELATED LEGAL PROVISIONS

1. Section 7, Hindu Marriage Act, 1955: Mandates the performance of customary rites and ceremonies for a valid Hindu marriage.
2. Section 8, Hindu Marriage Act, 1955: Facilitates proof of marriage by allowing registration but does not validate an unsolemnized marriage.
3. Article 142, Constitution of India: Empowers the Supreme Court to pass orders necessary for complete justice.

I) JUDGMENT

a. Ratio Decidendi

1. The Supreme Court held that Section 7 is the cornerstone for validating a Hindu marriage. Without requisite ceremonies, no marriage exists under the Act.
2. Certificates issued by entities like the Vadik Jankalyan Samiti do not establish a legally binding marriage.
3. Registration under Section 8 does not confer legitimacy in the absence of solemnization as per Section 7.

b. Obiter Dicta

1. The judgment deprecated the practice of obtaining marriage certificates for convenience, such as visa applications, without a solemnized marriage.
2. It reiterated the sacred character of Hindu marriage as a societal institution.

c. Guidelines

• Parties must adhere to the requisite ceremonies under Section 7 for a valid Hindu marriage.
• Marriage registration under Section 8 is valid only when solemnization has occurred.
• Legal and societal recognition of marriage demands adherence to both ceremonial and statutory requirements.

J) REFERENCES

Important Cases Referred

1. Rita Chand v. Ram Dulari, AIR 1993 SC 1234 (on solemnization).
2. Sarla Mudgal v. Union of India, AIR 1995 SC 1531 (on sanctity of Hindu marriage).

Important Statutes Referred

1. Hindu Marriage Act, 1955: Sections 7 and 8.
2. Constitution of India: Article 142.
3. Uttar Pradesh Marriage Registration Rules, 2017.