Legal News

Hindu marriage valid even if not registered: Allahabad HC

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Holding that a Hindu marriage does not become invalid merely because it is not registered, the Allahabad high court has clarified that a family court cannot insist on the production of marriage registration certificate in a petition filed for divorce on mutual consent.

"It is settled that the registration certificate of a marriage is only a piece of evidence to prove the marriage and absence of registration of marriage will not invalidate the marriage," the court added.

With the above observation, the court set aside the order of a family court at Azamgarh, junking applications of petitioners for exemption from producing a registration certificate.

Allowing the writ petition filed by one Sunil Dubey, Justice Manish Kumar Nigam in his order delivered on August 26 observed, "When a Hindu marriage is solemnized in accordance with the provisions of Hindu Marriage Act, 1955, in order to facilitate proof of such marriage by Section 8(1) of the Act, 1955, the state governments are empowered to make rules for registration of such marriage. Such rules may provide for keeping over Hindu Marriage register, wherein parties may record the particulars of their marriage in such manner and subject to such conditions as may be prescribed."

"Due to failure to make an entry of the marriage in the register, the validity of the marriage is not affected. Even though the state government makes rules for compulsory registration of marriage, there cannot be a rule declaring marriage invalid for want of registration," the court added.

Ex-cashier held for Rs. 62L gold theft from PSU bank locker

A former cashier-cum-vault manager of a nationalised bank in Bhowanipore, Arnab Biswas, was arrested in connection with the theft of 571 grams of gold jewellery from the bank locker. The arrest came after an investigation revealed a forged signature was used to remove the gold, now valued at over Rs 62 lakhs.