Evidentiary value of marriage certificate
Querist :
Anonymous
(Querist) 04 September 2010
This query is : Resolved
In an annulment proceedings can a petitioner produce the marriage registration certificae in which the solemnization of marriage as per hindu customary rites was accepted but claimed in the annulment petition that the marriage was not solemnized according to hindu rites.
Submiting a document that confirms that the marriage was solemnized but claiming that it was not soleminized in the petition.
Is it not barred by estopple.
kindly clarify
s.subramanian
(Expert) 04 September 2010
Yes. The admission of performance of marriage as per hindu rites before the registrar would estop the person from speaking against it.
Kiran Kumar
(Expert) 04 September 2010
well, my view is on the other side, prima facie the availability of registration certificate will raise presumption that the marriage was solemnized.
but any marriage solemnized in contravention to the provisions of Hindu Marriage Act, 1955 (in case of Hindus) can not be validated my mere registration of such marriage.
annulment can be sought even if the marriage was registered. Registration certificate is not conclusive proof of valid marriage.
a.manoharan
(Expert) 04 September 2010
both experts are right. but, the question of matter is void or voidable marriage.
Sukhija
(Expert) 04 September 2010
good debate, what about both the parties signing the marriage certificate along with two witnesses, name and sign of pandit having performed marriage? marriage invitation card etc.this certificate will be difficult to disprove.
Registration of marriage before registrar is good documentary proof. One has to go divorce only, not annullment of marriage.
Anish goyal
(Expert) 04 September 2010
Registration of marriage is not a conclusive proof of ceremonies of marriage, other party can rebut it
Satya Mani Tiwari
(Expert) 04 September 2010
When its accepted proof for the issue of Passport or Visa then Its a proof no doubt, difficult to disprove by other parties.
Querist :
Anonymous
(Querist) 04 September 2010
Ld counsels,
The question is not about grounds for voidable marraige, it about principle of estopple. Petitioner filing a document that confirms marriage is solemnized but in the petition the petitioner himself saying that marriage is not solemnized.
If it is the respondent who had produced the marriage certificate then it can be argued that Marriage certificate is not enough to prove valid marriage and SC has taken this view.
The case different. Party denying solemnization produces a document that confirms it.
Does this proposition raises the issue of estopple or not.
Kindly clarify.
Raj Kumar Makkad
(Expert) 15 November 2010
I completely do agree with kiran. Though a strong presumption can be derived in favour of marriage of the parties in dispute but merely issuance of certificate cannot take away all the terms and condition for a valid Hindu marriage. Presumption is always alive in this matter which can be rebutted.
Querist :
Anonymous
(Querist) 24 May 2011
Ld Advocates,
Let me re-open this query with a proposition that the issue estoppel need to be up-held where there is no requirement for proving the matrimonial or criminal offence of bigamy or adultery.
Only in order to prove the offenses, previous admissions are not conclusive proofs but the issue estoppel prevail over the need for proof where there is no need to prove the validity of the marriage.
Say a woman alleges that her husband is impotent and calims marriage is not solemnized even after registering it, now the marriage solemnization is no way related to impotency of the husband.
whereas in case of bigamy or adultery there is a need to prove a valid first marriage or a valid marriage of the woman with whom intercourse happened.
All your thoughts appreciated and looking forward for the same.
