DOLLY RANI VS. MANISH KUMAR CHANCHAL 2024 SCC ONLINE SC 754

DOLLY RANI VS. MANISH KUMAR CHANCHAL 2024 SCC ONLINE SC 754 on 19 April, 2024

BENCH: HON’BLE JUSTICE B.V, NAGARATHNA AND HON’BLE JUSTICE AUGUSTINE GEORGE MASIH

DOLLY RANI                                      ……. PETITIONER(s)

                            VERSUS

MANISH KUMAR CHANCHAL   ……. RESPONDENT(s)

FACTS OF THE CASE 

1. That the petitioner (Dolly Rani) and respondent (Manish Kumar Chanchal) are trained commercial pilots, and they got engaged on March 7, 2021, and claimed to have solemnized their marriage on July 7, 2021.
2. That they obtained a marriage certificate from Vadik JanKalyan Samiti (Regd.) and “Certificate of Registration of Marriage” under Uttar Pradesh Marriage Registration Rules 2017^[1]. The actual marriage ceremony according to Hindu customs was scheduled for October 25, 2022, which did not happen.
3. That petitioner and respondent lived separately, but differences ignited between them.
4. That the petitioner alleged dowry demands and harassment by Manish Kumar Chanchal and his family. That on November 17, 2022, she filed an FIR under Sections 498A, 420, 506, 509, 34 of the Indian Penal Code, 1860,^[2] and Sections 3 and 4 of the Dowry Prohibition Act,1961.^[3]
5. That on March 13, 2023, Respondent filed for divorce under Section 13(i)(ia) of Hindu Marriage Act, 1995, in the Family Court, Muzaffarpur, Bihar.
6. That petitioner, residing in Ranchi, Jharkhand, sought to transfer the divorce petition to the Family Court in Ranchi, Jharkhand.
7. During the pendency of the transfer petition, both parties agreed to file a joint application under Article 142 of the Constitution of India⁴ requesting that the marriage dated March 7, 2021, to be declared null and void, and thereby both the certificates be also declared null and void.

LEGAL ISSUES

1. Whether there existed a valid marriage between the parties under the Hindu Marriage Act, 1955?
2. Whether a marriage registered under Section 8 of the Act is valid if the ceremonies under Section 7 of the Act^[4] have not been performed?
3. Whether the parties acquired the status of husband and wife under the Hindu Marriage Act, 1955?
4. Whether the certificates issued regarding the marriage hold legal significance, and is the registration of the marriage under the Uttar Pradesh Marriage Registration Rules, 2017 valid?

CONTENTIONS OF APPELLANT

1. The counsel on behalf of the appellant argued that there was no valid marriage between the parties under the Hindu Marriage Act, 1955, because the necessary ceremonies for a Hindu marriage were not performed under Section 7 of the Act.
2. Additionally, it was alleged that the respondent’s family made dowry demands, which caused differences between the parties. Despite this, the respondent filed a divorce petition under Section 13(1)(ia) of the Hindu Marriage Act^[5]7, asserting the existence of a valid marriage. However, the appellant maintained that the marriage was not valid, making the grounds for the divorce petition false.
3. Thus, the appellant’s argued that the divorce petition and other cases filed by the respondent should be dismissed as there existed no valid marriage between the two parties.

CONTENTIONS OF REPONDENT

1. The counsel on behalf of the respondent’s argued that even though the marriage between the petitioner and respondent did not comply with the required Hindu marriage ceremonies, it was officially registered with the Registrar of Marriages. Consequently, the respondent contended that this registration granted legitimacy to their marital status despite the absence of traditional Hindu rites, thereby justifying the filing of the divorce petition.
2. They agreed to a compromise in the joint application the petitioner would drop maintenance and criminal cases, and the respondent would withdraw the divorce petition. The basis for these compromises was the acknowledgment that no valid marriage existed, thus negating any cause of action.

JUDGEMENT

The Court held that the marriage was not in accordance with the Hindu Marriage Act, 1955, and the parties never acquired the status of husband and wife. The court also observes that Hindu marriage is a ‘Samskara’ and a ‘sacrament’ that has to be in accordance with the ceremonies requisites under Section 7 of the Hindu Marriage Act.

Therefore, the Hon’ble Supreme Court urges the young men and women to think deeply about the institution of marriage even before they enter upon it. 

It was quoted by the Apex Court that “A Hindu marriage is a sacrament and not an event for ‘song and dance’, ‘wining and dining’ or an occasion to demand dowry and gifts by undue pressure leading to impossibilities of criminal proceedings thereafter.”

The Bench added that “a marriage is not a commercial transaction, but rather a solemn foundational event celebrated so as to establish a relationship between a man and a woman who acquire the status of a husband and wife for an evolving family in the future which is a basic unit of Indian society.” ^[6]

The Court further stated that “a Hindu marriage, after all, is sacred for it provides a lifelong, dignity-affirming, equal, consensual, and healthy union of two individuals, and it facilitates procreation, consolidates the unit of family, and solidifies the spirit of fraternity within various communities.”
In accordance with Article 142 of the Constitution, the Supreme Court decided the petitioner’s maintenance and criminal proceedings as well as the respondent’s divorce petition. Additionally, the court ruled that the marriage certificates were invalid and proclaimed the marriage dated 07.03.2021 to be null and void.

The Court’s decision was based on the finding that there was no legal marriage between the parties, as the marriage was not solemnized according to the required ceremonies, and mere issuance of a certificate known as a marriage certificate in the absence of requisites ceremonies being performed does not constitute a valid Hindu marriage.

ANALYSIS

It can be analysed that in the case of Dolly Rani v. Manish Kumar Chanchal, since the required ceremonies were not performed as per the Hindu Marriage Act, 1955, thus there exists no marriage between the parties. No status of husband and wife was accrued to both the parties. More clarity is accorded to Section 7 of the act, and importance is laid on the precedence of Section 7 over Section 8 of the act.

The court has clearly thrown light on the importance of Section 7 over Section 8 of the act. If ceremonies are not performed, a then per se no marriage exists. The value of a marriage certificate is zero in the eyes of law, as there can be no evidence for a thing that does not exist. 

Hindu marriage has a very spiritual and cultural significance. It should be understood as a sacred foundation for establishing a trustful and long-lasting relationship between man and a woman. This viewpoint emphasizes the Hindu tradition’s intrinsic sacredness and seriousness of marriage, which transcends simple ritual or social celebration. The Court should have taken a tougher stance, establishing a precedent by punishing or fining the parties involved in order to buck this recognized trend, even while it discouraged such practices of marriage registration prior to solemnization.

In examining the marriage’s validity, the Supreme Court emphasized the importance of carrying out the required rituals and ceremonies as outlined in Section 7 of the Hindu Marriage Act, 1955. The Court made it clear that a marriage cannot be deemed lawful under Hindu law unless it is solemnized with the appropriate ceremonies; merely receiving a marriage certificate without these rituals does not grant marital status. According to the Court, couples who register their marriages without carrying out the necessary rites belittle the holy institution of marriage. As a result of the marriage certificates not being backed by the required ceremonies, the Court ruled that they were void.

The parties’ criminal case against one another, maintenance lawsuit, and divorce petition were all dismissed by the court. This ruling emphasizes how crucial it is to follow Hindu law’s customary marriage rites and acts as a warning against skipping necessary rites in order to become married. It reaffirms the sacredness of Hindu marriages by highlighting the fact that they are solemn institutions that need appropriate ceremonies and rites, rather than just being legal formalities.

CONCLUSION 

Due to the absence of appropriate solemnization rites, the Supreme Court determined that the marriage between the couples was invalid under Hindu law. The parties were therefore regarded as never having obtained the status of husband and wife, and the marriage certificates that had been issued were ruled to be void. The parties’ criminal case against one another, maintenance lawsuit, and divorce petition were all dismissed by the court. The relief requested by the parties was granted when the application submitted under Article 142 of the Constitution was accepted. As a result, the transfer petition and any outstanding applications were resolved.

The judgment has shed the light on the importance of ceremonies so as to make a marriage a valid marriage. The judgment sparks the attention on the part of both parties to marriage to not override the necessary ceremonies. Another significant point held by the apex court was that the marriage certificate only acts as evidence of the marriage per se, but where the required ceremonies are not performed, the marriage certificate can’t act as evidence as prima facia there is no legal marriage.

REFERENCES

1. https://www.legalserviceindia.com/legal/article–17047–safeguarding–matrimonialsanctity–dolly–rani–vs–manish–kumar–html
2. https://legalvidhiya.com/dolly-rani-vs-manish-kumar-chanchal/

[1] Uttar Pradesh Marriage Registration Rules 2017.

[2] The Indian Penal Code,  1860, Sections 498A, 420, 506, 509, 34.

[3] The Dowry Prohibition Act, 1961, Sections 3, 4. ⁴ India Const. art. 142.

[4] The Hindu Marriage Act, 1955, Section 7, 8.

[5] The Hindu Marriage Act, 1955, Section 13(1) (ia).

[6] Swasti Chaturvedi Certificate of Marriage Not Proof Of Validity Of Hindu Marriage When No Marriage Ceremony Was Performed At All: Supreme Court (1 May 2024 3:15 PM) https://www.verdictum.in/courtupdates/supreme-court/dolly-rani-v-manish-kumar-chanchal-2024-insc-355-marriage-certificate-hindumarriage-act-1533320