Manisha Yadav
Introduction
The landmark Judgment of Dolly Rani v. Manish Kumar Chanchal (2024) by the Supreme Court of India has shed light on the essential requirements for a valid Hindu marriage. In this significant case, the Court examined the validity of a marriage registered under the Uttar Pradesh Marriage Registration Rules, 2017 without the traditional ceremonies as mandated by Section 7 of the Hindu Marriage Act, 1955. The Court’s decision has provided clarity on the importance of solemnisation ceremonies in Hindu Marriages and the legal implications of non-compliance. This case highlights the complexities surrounding marriage laws in India and the need for strict adherence to Statutory requirements.
Facts of the case
1. Both the parties, Dolly Rani & Manish Kumar Chanchal were commercial pilot. Petitioner & respondent were engaged on 7 March 2021, both claimed that they solemnised their marriage on 7 July 2021. They obtain a marriage certificate from a registered samiti and that is Vadik Jan Kalyan samiti. So based on the certificate from the Vadik Jan Kalyan samiti they got a certificate of registration of marriage under UP Marriage Registration Rules.
2. The families of the Dolly Rani and Manish Kumar Chanchal fixed a date 25th October 2022 on which marriage ceremony will be performed according to Hindu rites and customs. But actual marriage did not take place. They both started living separately, and differences arose between them.
3. Dolly Rani alleged that his family demanded dowry and harassed by him. So, she filed an FIR under Section 498A (Cruelty by husband and relative of husband), 420(cheating and dishonestly inducing delivery of property), Section 34 of IPC (any act is done by 2 or more persons with common intention), Section 509 of IPC (any word or gesture that insult the modesty of women) and sections 3,4 of the Dowry prohibition Act 1961.
4. Then Respondent filed a divorce petition in the Family Court of Muzaffarpur, Bihar under Section 13(1) (ia) of the Hindu Marriage Act 1955 (after solemnisation of marriage partner threat other partner with cruelty). She resides with her parents in Ranchi and filed a petition seeking to transfer the divorce petition in the Ranchi Court.
5. Both parties filed a joint application under Article 142 (1) of the constitution of India (grant a decree of divorce by mutual consent). The parties admitted that they did not solemnise their marriage according to Hindu rituals and customs.
6. Supreme Court held that for a valid Hindu marriage under the Hindu Marriage Act the requisite ceremonies must be performed such as Saptapadi and so on.
Issues raised in the Case
1. Whether marriage between Dolly Rani and Manish Kumar Chanchal is valid or not?
2. Do both parties have relation of husband and wife under the Hindu Marriage Act 1955?
3. Do Certificate of registration of marriage under UP Marriage Registration rules 2017 have any legal significance or not, in other words we can say that whether certificate and registration is valid or not?
Contentions of Petitioner
1. Dolly Rani argued that they both don’t perform the requisite ceremonies such as Saptapadi, kanyadaan and so on. So, their marriage is void under the Hindu Marriage Act.
2. If there was no valid marriage between them then the cases filed by the Manish Kumar Chanchal should be dismissed.
Contentions of Respondent
Manish Kumar Chanchal argued that they registered the marriage officially with the registrar. Registration of marriage shows legitimacy of their marital status in spite of the non-performance of the traditional Hindu rituals and customs. Therefore, on the basis of registration of marriage, a divorce petition was filed.
Defects of law
1. Lack of clarity for divorce under Section 13(1) (ia) of the Hindu Marriage Act 1955:
If any party after solemnisation of the marriage treated the other’s party with cruelty, then can take divorce on the ground of cruelty. Cruelty may be physical violence and abuse, mental harassment, torture, emotional abuse or neglect the partner, economic and sexual abuse or exploitation. If court satisfied that the respondent treats the petitioner with cruelty, then court grants the decree of divorce.
2. As we all know that our legal system is lengthy, trails can take years to complete. Courts are overburdened that leads to delays in the justice. And India has a shortage of judges.
3. Court does not provide the adequate number of remedies to victims.
4. Another defect of law is Court also not provide the adequate protection to women who are victims of cruelty. So, court should make a stringent law for the protection of vicitms, courts prioritize should be to provide safety so that women feel free.
Supreme Court Observation
1. Hindu marriage is a sacrament, not an event of song and dance (not a commercial transaction).
2. Special Marriage Act 1954 is not restricted to Hindus.
3. It is only when the marriage solemnised under Section 7 of Hindu Marriage Act, 1955 only that can marriage be registered under section 8. Marriage between the Dolly Rani and Manish Kumar Chanchal was not a Hindu marriage.
4. The marriage certificate issued by the registered organisation (Vadik Jan Kalyan Samiti) & the marriage registration certificate were declared null and void.
5. Supreme Court also observed that both the parties never have the status of husband and wife so that all the cases between them (such as divorce petition, maintenance case) were quashed by the Apex Court.
Conclusion
In the case of Dolly Rani v. Manish Kumar Chanchal, the Supreme Court clarified that a marriage should be solemnised with proper ceremonies for a valid marriage under Hindu law, only a marriage certificate and registration does not confer the marital status.
Case Name: Dolly Rani v. Manish Kumar Chanchal (2024)
Parties Name: Dolly Rani (Petitioner)
Manish Kumar Chanchal (Respondent)
Name of Court: The Supreme Court of India (Apex Court)
Decided On: 19th April 2024
Case No.: 2024 SC 355
Bench: Hon’ble Justice B.V Nagarathna and Hon’ble Justice Augustine George Masih
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