Dolly Rani v. Manish Kumar Chanchal
Date of order:- 19 April,2024
The transfer petition was filed under Section 25 of the Code of Civil Procedure, 1908 by the wife/petitioner seeking to transfer the divorce petition under Section 13(l)(ia) of the Hindu Marriage Act, 1955 pending before the Court of Principal Judge, Family Court, Muzaffarpur, Bihar to the Court of Principal Judge, Family Court, Ranchi Jharkhand;
Parties filed joint application in Supreme Court, under Article 142 of the Constitution of India seeking certain reliefs.
Facts of the case are that the Both husband and wife are trained commercial pilots. The parties were engaged to be married on 07.03.2021. The petitioner and respondent claimed to have ‘solemnized’ their marriage on 07.07.2021. They obtained a “marriage certificate” from Vadik Jankalyan Samiti (Regd.). Based on this certificate, they obtained a “Certificate of Registration of Marriage” under the Uttar Pradesh Marriage Registration Rules, 2017.
The respective families of the parties fixed the date for performing the marriage ceremony as per Hindu rites and customs on 25.10.2022. Meanwhile, the petitioner and respondent lived separately but nevertheless, differences ignited between them.
Wife said there was demand for dowry made by husband’s family. On 17.11.2022, the petitioner filed an FIR under Sections 498A, 420, 506, 509, 34 of the Indian Penal Code, 1860 and Sections 3,4 of the Dowry Prohibition Act, 1961 against the husband/respondent and his family members alleging harassment. Thereafter on 13.03.2023, the husband/respondent approached the Court of Principal Judge, Family Court, Muzaffarpur, Bihar by filing a petition for divorce under Section 13(1)(ia) of the Act in Matrimonial Case No.82/2023. Being aggrieved by this fact as the petitioner/wife is currently residing in Ranchi, Jharkhand with her parents, she filed the present transfer petition seeking to transfer the divorce petition under Section 13(l)(ia) of the Hindu Marriage Act, 1955 (hereinafter referred to as “the Act”) bearing Matrimonial Case No. 82/2023 pending before the Court of Principal Judge, Family Court, Muzaffarpur, Bihar to the Court of Principal Judge, Family Court, Ranchi Jharkhand.
Joint application by the parties
Learned counsel for the petitioner submitted that the respondent has filed a Matrimonial Case No.82/2023 under Section 13(1)(ia) of the Act seeking a decree of divorce as against the petitioner herein whereas there being no marriage between the parties in the eyes of the law. Learned counsel for the respondent also submitted that indeed there was no marriage in accordance with Section 7 of the Act inasmuch as the requisites of a valid Hindu marriage insofar as ceremonies are concerned, were not complied with but having no other recourse, the respondent was constrained to file M.C. No.82/2023 as the “marriage” between the parties was registered before the Registrar of Marriages.
Learned counsel for the respective parties further submitted that during the pendency of this transfer petition, the parties have discussed the matter and they have agreed to file a joint application under Article 142 of the Constitution of India, they submitted that since there was no valid marriage in the eye of the law, they seek a declaration to the effect that the so-called marriage dated 07.07.2021 was not valid in the law and therefore, a declaration may be granted to that effect.
Consequently, the Certificate dated 07.07.2021 issued under the Uttar Pradesh Registration Rules, 2017 and another certificate dated 07.07.2021 issued by the Vadik Jankalyan Samiti (Regd.) are also null and void and would pale into insignificance in view of there being no valid Hindu marriage and, therefore, the same may also be declared null and void.
They submitted that the joint application filed by the parties herein may be taken on record and the prayers sought by them may be granted. Parties submitted before Hon’ble Court that there was no “marriage” solemnized by them inasmuch as no customs, rites and rituals performed. However, due to certain exigencies and pressures, they were constrained to obtain the certificate dated 07.07.2021 from Vadik Jankalyan Samiti (Regd.) and on the basis of that certificate they sought registration under the Uttar Pradesh Registration Rule, 2017 and a “Certificate of Marriage” was issued by the Registrar of Marriages on 07.07.2021.
In the said joint application, the Wife/petitioner has sought for quashing of Maintenance Case No.326/2023 filed by her and the Criminal Case instituted vide FIR No.463/2022 before Police Station-Sukhdev Nagar, Ranchi and the proceedings thereunder against the respondent and his parents herein which may also be quashed.
Hon’ble Supreme Court’s Observations
Court said :- In the absence of there being a valid Hindu marriage, the Marriage Registration Officer cannot register such a marriage under the provisions of Section 8 of the Act. Therefore, if a certificate is issued stating that the couple had undergone marriage and if the marriage ceremony had not been performed in accordance with Section 7 of the Act, then the registration of such marriage under Section 8 would not confer any legitimacy to such a marriage.
In other words, a certificate of marriage is a proof of validity of Hindu marriage only when such a marriage has taken place and not in a case where there is no marriage ceremony performed at all.
Court observed that a Hindu marriage is a sacrament and has a sacred character. In the context of saptapadi in a Hindu marriage, according to Rig Veda, after completing the seventh step (saptapadi) the bridegroom says to his bride, “With seven steps we have become friends (sakha). May I attain to friendship with thee; may I not be separated from thy friendship”. A wife is considered to be half of oneself (ardhangini) but to be accepted with an identity of her own and to be a co-equal partner in the marriage. There is nothing like a “better-half” in a marriage but the spouses are equal halves in a marriage. In Hindu Law, as already noted, marriage is a sacrament or a samskara. It is the foundation for a new family.
The said status is of significance inasmuch as a man and a woman cannot be treated as a husband and a wife unless a marriage is performed or celebrated with proper and due ceremonies and in the prescribed form. In the absence of any solemnisation of a marriage as per the provisions of the Act, a man and a woman cannot acquire the status of being a husband and a wife to each other.
In the circumstances, Court declared that the ‘marriage’ dated 07.07.2021 between the parties is not a ‘Hindu marriage’ having regard to the provisions of Section 7 of the Act. Consequently, the certificate issued by the Vadik Jankalyan Samiti (Regd.) dated 07.07.2021 was declared null and void. In view of the above the Certificate issued under the Uttar Pradesh Registration Rules, 2017 dated 07.07.2021 was also declared null and void.
It was further declared that the petitioner and the respondent were not married in accordance with the provisions of the Act and therefore, they have never acquired the status of husband and wife.
The three cases filed by the parties against each other were quashed, the application filed under Article 142 of the Constitution was allowed. Consequently, the Transfer Petition stands disposed.
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