VidhiSangh

Supreme Court of India · 19/04/2024

DOLLY RANI versus MANISH KUMAR CHANCHAL

[2024] 5 S.C.R. 510 · 2024 INSC 355

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Summary

Registration under Hindu Marriage Act Section 8 cannot create a Hindu marriage where the applicable Section 7 ceremonies never occurred. Both parties admitted that no rites were performed and voluntarily sought settlement relief. The Court declared that no Hindu marriage or husband-and-wife status arose, invalidated the underlying and registration certificates, and exercised Article 142 to quash the specified divorce, maintenance and criminal proceedings. The transfer petition was disposed of.

Issues

  1. Whether certificates and registration could establish Hindu marriage despite admitted absence of solemnisation.
  2. Whether saptapadi was universally required or depended on the applicable rites.
  3. What declaration and settlement relief should be granted under Article 142.

Provisions considered

Held

Result

Joint Article 142 application allowed; no Hindu marriage declared and both certificates voided. Specified divorce, maintenance and criminal cases quashed; transfer petition disposed of.

Judgment PDF: Supreme Court of India, [2024] 5 S.C.R. 510.