Marriage Registration Certificate is no proof of marriage untill ceremonies are proved

Shagun Sharma and others Vs Asha Rani and others

Punjab & Haryana HC

18/12/2017

RSA No. 3650 and 3651 of 2015(O&M)

About/from the judgment:

A. Hindu Marriage Act, 1955, Sections 7 and 8 - Evidence Act, 1872, Sections 50 and 79 - Retrial Benefits - Dispute between issue of first and second wife regarding the retiral benefits of deceased - Marriage Registration Certificate is no proof of marriage until marriage ceremonies are proved, particularly when Marriage Registration Certificate appear to be fabricated appeal filled by issued of first wife allowed. [Para 30]

 

B. Hindu Marriage Act, 1955, Sections 7 and 8 - Evidence Act, 1872, Sections 50 and 79 - Marriage Certificate - Original of this certificate not available on record - Plaintiff deposed that she did not have the original of certificate at the time of cross-examination - Hence, Appellants have ben denied the opportunity either to see this document or to confront plaintiff qua the credentials of this certificate - Even, the Court has not recorded that it has seen the original of the certificate - Document is totally irrelevant for the purpose of the controversy involved in the present case. [Para 31]

 

C. Notaries Act, 1952, Section 2(b) - Hindu Marriage Act, 1955, Sections 7 and 8 - Notaries Act, does not authorise the Notary to attest the marriage certificate between a man and the woman - Act authorizes the Notaries only to attest and verify the 'instruments'. [Para 37]

Read the Judgment

Knowledge and content of about almost all their respective descriptions are borrowed from law-related blogs and websites, we, therefore, wish to give proper credit to all the respective law-related blogs and websites like LiveLaw, Bar and Bench, LatestLaws, PathLegal, FirstLaw, Lawctopus, IndianKanoon, Manupatra, LegallyIndia etc.. Many of the judgments are also taken from them websites of Hon'ble Supreme Court and other respective Hon'ble High Courts!

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