Case: Shaji vs Gopinath
Date of decision: January 24, 1995
Citation: AIR 1995 Mad 161
Bench: Hon’ble Justice Srinivasan and Hon’ble Justice S Subramani
Appellant: Shaji
Respondent: Gopinath
Statute Referred: Hindu Marriage Act, 1955
Facts:
1. Plaintiff is a final year B.A. student in College of Madras. The Defendant informed her about his education and the status in life and told her that he was going to U.S.A. soon and he could get a visa for her too. He promised to get her a good employment in U.S.A. immediately on her completion of education. He took her signatures in the forms of application for passport.
2. He took her to the office of the Sub-Registrar, fraudulently represented her that a marriage certificate is necessary for the purpose of getting a Visa in her name and she should be described as wife. The Plaintiff signed the necessary forms before the Registrar and false declarations were given by the Defendant in the office of the Registrar.
3. The Plaintiff filled a suit to declare that the marriage registered on the file of the Registrar of Hindu Marriages is not a valid marriage at all and to set aside the said Certificate as null and void.
Issue:
- Whether the marriage between Plaintiff and Defendant in these case is valid or not?
Obiter Dicta:
“An amendment was introduced by Act 21 of 1967, Section 7-A was inserted in the Hindu Marriage Act for the state of Tamil Nadu. Section reads as follows:-
(1) This Section shall apply to any marriage between any two Hindus, whether called suyamariyathai marriage or seerthiruththa marriage or by any other name, solemnised in the presence of relatives, friends or other persons.-
(a) by each party to the marriage declaring in any language understood by the parties that each takes the other to be his wife or as the case may be, her husband;
(b) By each party to the marriage garlanding the other or putting a ring upon any finger of the other.
All marriages to which this Section applies solemnized at any time before such commencement shall be deemed to have been, with effect on and from the date of the solemnization of each of such marriage, respectively, valid in law.”
Rationale:
1. The Court took in consideration the evidence which shows that there was no form of marriage happened between the Plaintiff and the Defendant at any time. There was only the registration of a marriage under the provisions of Hindu Marriage Act.
2. Section 7 of the Hindu Marriage Act which provides that, “A Hindu Marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto and where such rites and ceremonies include the saptapadi, that is, the taking of seven steps by the Bridegroom and the bride jointly before the sacred fire, the marriage becomes complete and binding when the seventh step is taken.”
3. Section 8 of the Hindu Marriage Act provides for registration of Hindu Marriages for the purpose of furnishing the proof of such marriages. This section provides for registration of marriages which had taken place as per the ceremonies for the marriage is prescribed by Section 7 of the Act. A marriage has to be solemnised in the presence of relatives, friends or other persons in the manner prescribed in that Section. In case where the provisions of Section 7 and 7-A are not fulfilled with, there is no question of a valid Hindu Marriage between a man and woman.
Judgement:
Referring the above stated facts and reasons, the appeal is allowed. The judgment of the Additional Family Court, Madras is set aside.
Conclusion:
The Defendant fraudulently took Plaintiff’s signature before the registrar as he informed her that a marriage certificate is necessary for the purpose of getting a Visa in her name and she should be described as wife. False declarations were given by the Defendant in the office of the Registrar.
The trial court passed a decree and judgement in favour of the Defendant and then the Plaintiff appealed in the learned court challenging the validity of such marriage.
The Court allowed the appeal and set aside the trial court’s judgement stating that mere registration doesn’t amount to valid marriage until it fulfill the provisions of either Section 7 or 7-A(amendment Act 21 of 1967, State of Tamil Nadu) of the Hindu Marriage Act, 1955.
Drafted By: Param Mansinghka
Edited By: Tanvi Mahajan, Publisher, Law Insider
Published On: February 18, 2022 at 21:00 IST