The Allahabad High Court has clarified that the absence of a marriage registration certificate cannot block a mutual divorce petition, as long as the fact of marriage is undisputed. Justice Manish Kumar Nigam delivered this ruling while setting aside a Family Court order from Azamgarh which had insisted on such a document in a pending divorce case between Sunil Dubey and Minakshi.
Background of the Case
The couple had jointly filed for divorce under Section 13(B) of the Hindu Marriage Act, 1955. Since their marriage, solemnised in June 2010, was never registered, the husband requested exemption from producing a marriage certificate. Both parties agreed to this request. However, the Family Court rejected the plea citing Rule 3(a) of the Hindu Marriage and Divorce Rules, 1956, which mentions submission of a registration extract.
The High Court noted that Section 8 of the Hindu Marriage Act only facilitates proof of marriage but does not invalidate an unregistered marriage.
The Judge observed:
"Insistence by the Family Court for filing the marriage certificate is wholly uncalled for."
Citing earlier Supreme Court Judgments, the court reiterated that non-registration cannot make a Hindu marriage void if the ceremony was duly performed. It emphasised that rules of procedure are meant to advance justice, not defeat it on technical grounds.
The court referred to several precedents, including Seema vs. Ashwani Kumar (2006) and Dolly Rani vs. Manish Kumar Chanchal (2024), where the Supreme Court stressed that while registration has evidentiary value, it is not the sole determinant of marital validity. The judge further reminded that procedural laws should not be treated as punitive barriers.
Allowing the petition, the High Court set aside the Azamgarh Family Court’s order dated 31 July 2025. It directed the trial court to proceed with the divorce case expeditiously, ensuring both parties are given fair opportunity without unnecessary delays.
Case Title: Sunil Dubey vs. Minakshi
Case No.: Matters Under Article 227 No. 9347 of 2025
