PRAYAGRAJ: Holding that a Hindu marriage does not become invalid merely because it is not registered, the Allahabad high court has clarified that a family court cannot insist on the production of marriage registration certificate in a petition filed for divorce on mutual consent. “It is settled that the registration certificate of a marriage is only a piece of evidence to prove the marriage and absence of registration of marriage will not invalidate the marriage,” the court added.With the above observation, the court set aside the order of a family court at Azamgarh, junking applications of petitioners for exemption from producing a registration certificate.Allowing the writ petition filed by one Sunil Dubey, Justice Manish Kumar Nigam in his order delivered on August 26 observed, “When a Hindu marriage is solemnized in accordance with the provisions of Hindu Marriage Act, 1955, in order to facilitate proof of such marriage by Section 8(1) of the Act, 1955, the state governments are empowered to make rules for registration of such marriage. Such rules may provide for keeping over Hindu Marriage register, wherein parties may record the particulars of their marriage in such manner and subject to such conditions as may be prescribed.“ “Due to failure to make an entry of the marriage in the register, the validity of the marriage is not affected. Even though the state government makes rules for compulsory registration of marriage, there cannot be a rule declaring marriage invalid for want of registration,” the court added.The petitioner husband and defendant wife filed an application under Section 13 (B) of the Hindu Marriage Act, 1955, for divorce by mutual consent on October 23, 2024. During the pendency of the petition, the family court judge in the order dated July 4, 2025, fixed July 29, 2025, for the filing of their marriage certificate.The petitioner filed an application that the registration certificate is not available with the parties and there is no compulsory requirement for getting the marriage registered under the Hindu Marriage Act, 1955, therefore, the petitioner may be exempted from filing the marriage certificate. The application was also supported by the opposite party.The court, in its order dated July 31, 2025, rejected the application filed by the petitioner, after which he moved the high court.“From the laws as laid down by various High Courts, including this court as well as the Supreme Court, it is settled that a registration certificate is only evidence to prove the marriage and the absence of registration of marriage will not invalidate the marriage in view of sub-section 5 of Section 8 of the Hindu Marriage Act, 1955,” the court observed.