The Gujarat High Court has held that a registered marriage certificate cannot, by itself, establish the existence of a valid Hindu marriage if the essential marriage ceremonies were never performed. Setting aside a Family Court order, the Division Bench declared the alleged marriage between the parties null and void after noting that both sides admitted no Hindu rites or rituals had taken place.
Background of the Case
The appeal was filed by Kaushal Pramodbhai Sonar against an order of the Family Court, Ahmedabad, which had refused to pass a decree based on the respondent's admissions and instead directed the matter to proceed for trial.
The appellant, who lives in the United Kingdom for work and studies, claimed he learnt about the alleged marriage only after the respondent approached his family with a marriage certificate. He asserted that no marriage ceremony was ever performed and alleged that his signatures had been obtained fraudulently. During the proceedings, the respondent admitted in her written statement that no Hindu rites or ceremonies had taken place and that the parties never shared the relationship of husband and wife.
Allowing the appeal, the Bench observed,
"When the respondent herself has admitted that the essential marriage ceremonies were never performed, there was no justification or useful purpose in directing the parties to undergo a lengthy and protracted trial."
The Court explained that under Section 7 of the Hindu Marriage Act, a Hindu marriage becomes legally valid only after it is solemnized according to the required customary rites and ceremonies. Registration under Section 8 merely serves as evidence of a marriage that has already been validly performed and cannot create a marriage where none exists.
The judges further relied on the Supreme Court's ruling in Rathnamma & Ors. v. Sujathamma & Ors., reiterating that registration alone is not sufficient proof of a valid marriage.
The High Court quashed the Family Court's order dated November 13, 2025, and declared the alleged marriage between the parties null and void ab initio, holding that no legal marital relationship ever came into existence because the mandatory ceremonies were admittedly not performed.
The Court also granted liberty to the appellant to approach the competent authority for cancellation of the marriage registration and the marriage certificate. No order was passed as to costs.
Case Details:
Case Title: Kaushal Pramodbhai Sonar v. Khushi Sanjay Shah
Case Number: R/First Appeal No. 429 of 2026
Judge: Justice Ilesh J. Vora and Justice R. T. Vachhani
Decision Date: June 23, 2026
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