Marriage certificate issued without rituals null and void: HC

The Bombay high court (HC) on Tuesday declared a certificate of registration of marriage obtained by a Thane resident and his partner as null and void, as it was

The Bombay high court (HC) on Tuesday declared a certificate of registration of marriage obtained by a Thane resident and his partner as null and void, as it was obtained without performing any marriage rites.

HT Image

The Thane resident had moved HC after the family court in the district had rejected his petition on November 16, 2017, to declare the marriage as invalid.

The man fell in love with one of his colleagues at a gymnasium where he worked. They wanted to get married but were apprehensive of their families not approving. To convince their families, they obtained a marriage certificate from a local mandal of the Thane Municipal Corporation (TMC) on September 29, 2016, declaring that they married on July 18, 2016.

But when the woman disclosed this to her parents, they forced her to lodge a police complaint, alleging that she was abducted by the Thane resident and her signatures were forcibly obtained on certain papers. She then lodged a complaint and on its basis, Rajaram police station in Ratnagiri registered an offence against the man and some others.

The parties later settled the matter amicably.

The Thane resident moved the family court and eventually approached HC after the family court refused to entertain his plea saying it lacked jurisdiction to entertain the petition. The family court stated that its jurisdiction can be invoked only if someone was married as per law.

The HC, however, held that the family court was not justified in rejecting the petition.

It said under section 7(1) of the Family Court’s Act a suit or proceeding for declaration as to validity of a marriage or as to matrimonial status of any person is within the exclusive jurisdiction of the family court.

“The respondent woman (his purported wife) has not disputed these facts,” said the HC bench, adding, “She is not opposing the prayers made before the family court at all. The family court was not justified in dismissing the petition filed by the appellant on the ground of lack of jurisdiction.”

The HC then declared the marriage as null and void.