KAUSHAL PRAMODBHAI SONAR vs KHUSHI SANJAY SHAH
- Court
- Gujarat High Court
C/FA/429/2026 JUDGMENT DATED: 23/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 429 of 2026
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE ILESH J. VORA
and
HONOURABLE MR. JUSTICE R. T. VACHHANI
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Approved for Reporting Yes No
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KAUSHAL PRAMODBHAI SONAR
Versus
KHUSHI SANJAY SHAH
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Appearance:
MR. RAHIL P JAIN(7305) for the Appellant(s) No. 1
ANURAG R RATHOR(9315) for the Defendant(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE ILESH J. VORA
and
HONOURABLE MR. JUSTICE R. T. VACHHANI
Date : 23/06/2026
ORAL JUDGMENT
(PER : HONOURABLE MR. JUSTICE R. T. VACHHANI)
1. The present appeal is filed challenging the judgment and order
dated 13.11.2025 passed by the learned Judge, Family Court, Ahmedabad
in Family Suit No. 715 of 2025, whereby the learned Family Court was
pleased to reject the application for passing a decree on the basis of
admission and to dismiss the petition filed by the appellant under
Sections 5, 7 and 12 of the Hindu Marriage Act, 1955 seeking a
declaration that the alleged marriage between the parties is null and void.
2. The learned Family Court was pleased to hold that the existence of
a registered marriage certificate raises a presumption of valid marriage
and therefore the matter requires full trial. The learned Family Court
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rejected the application for decree on admission and dismissed the
petition.
3. The brief facts leading to filing of the present appeal are as under:
3.1. The appellant is residing in the United Kingdom for the
purpose of job and study. The defendant is residing at Ahmedabad.
The appellant came to know about the alleged marriage only when
the defendant approached his parents and handed over a marriage
certificate claiming that she is his lawfully wedded wife.
3.2. The appellant has stated that he never solemnized any
marriage with the defendant, never performed any Hindu rites and
ceremonies, and never lived with her as husband and wife. He has
further stated that he was working in the company of the
defendant’s father and that his signature on the marriage
documents was obtained fraudulently under inducement of
promotion or threat of termination, without his free consent.
3.3. During the proceedings before the Family Court, the
defendant filed her written statement in which she clearly admitted
that no rites and rituals were performed by the parties and that no
lawful marriage was solemnized between them. She further
admitted that the parties hold no relation as husband and wife.
Based on this admission, the appellant filed an application for
passing a decree on admission. However, the learned Family Court
rejected the said application vide order dated 13.11.2025 and
dismissed the petition.
4. Learned Advocate for the appellant has submitted that the learned
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Family Court committed a serious error in not acting upon the clear and
unambiguous admission made by the defendant in her written statement.
It is submitted that when the defendant herself has admitted that no Hindu
rites and ceremonies were performed and that no lawful marriage was
solemnized, there was no justification for directing a full trial. It is further
submitted that the mere existence of a marriage certificate cannot create a
valid marriage when the essential ceremonies were never performed and
when the defendant herself has admitted this fact on record. The learned
Advocate prayed that the appeal be allowed and the alleged marriage be
declared null and void.
5. Learned Advocate for the defendant has submitted that except
registration of the marriage, nothing sort of any material is placed on
record so as to establish the factum of the marriage, having been
solemnized and submitted to pass appropriate order.
6. We have carefully gone through the memorandum of appeal, the
impugned judgment and order and the material placed on record.
7. The main question that arises for consideration is whether the
learned Family Court was justified in rejecting the application for decree
on admission when the defendant herself has made a clear and categorical
admission in her written statement that no lawful marriage was
solemnized between the parties.
8. It reflects that the marriage has not been solemnized between the
parties and there was no occasion for parties concerned to stay and reside
as husband and wife. On the contrary, it goes to indicate that the
defendant on being served with the notice, has categorically and
extraneously conceded rather admitted the factum of issuance of marriage
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certificate in absence of the solemnization of marriage.
9. It is an admitted fact that, in her written statement, the defendant
has clearly stated that no marriage rites or ceremonies were performed
between the parties and that no lawful marriage was solemnized between
them. She has also specifically stated that the parties do not have the
relationship of husband and wife. This admission is clear, direct, and
unambiguous, and it relates to the main issue involved in the dispute.
SECTION 7 OF THE HINDU MARRIAGE ACT:
10. Under Hindu law, a marriage is valid only if the essential rites and
ceremonies required by law are performed. The respondent herself has
admitted that no such rites and ceremonies were performed. Therefore,
when the person who seeks to rely upon and obtain the benefit of the
marriage certificate has admitted on record that no marriage was ever
solemnized, the presumption arising from the registration of the marriage
stands rebutted. In such circumstances, directing the parties to undergo a
full-fledged trial would serve no useful purpose.
11. At this stage, we refer to Section 7 of the Hindu Marriage Act,
1955, which reads as under:
“7. Ceremonies for a Hindu marriage.—(1) A Hindu marriage may be
solemnized in accordance with the customary rites and ceremonies of
either party thereto. (2) 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.”
12. Section 7 of the Hindu Marriage Act, 1955 deals with the
ceremonies required for a Hindu marriage. Sub-section (1) provides that a
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Hindu marriage may be solemnized according to the customary rites and
ceremonies followed by either party. Sub-section (2) further provides that
where such rites and ceremonies include Saptapadi, the marriage becomes
complete and legally binding only when the seventh step is taken. The
word “solemnized” used in Section 7 means that the marriage must be
performed in the proper manner and with the required ceremonies. Unless
the marriage is performed with the necessary customary rites and
ceremonies, it cannot be treated as a marriage that has been solemnized
under the Act. In the absence of such solemnization, there is no valid
Hindu marriage in the eyes of law.
13. In the present case, we find that the respondent herself filed a
written statement before the learned Family Court in which she clearly
and unequivocally admitted that no marriage rites or ceremonies were
performed between the parties and that no lawful marriage was
solemnized between them. She has also admitted that the parties do not
share the relationship of husband and wife. This admission is clear, direct,
and unambiguous, and it goes to the very foundation of the dispute. When
the respondent, who seeks to claim the benefit of the alleged marriage,
has herself admitted on record that the essential marriage ceremonies
were never performed, the basic legal requirement for a valid Hindu
marriage under Section 7 stands completely disproved.
SECTION 8 OF THE HINDU MARRIAGE ACT:
14. We further refer to Section 8 of the Hindu Marriage Act, 1955,
which reads as under:
“8. Registration of Hindu marriages.—(1) For the purpose of facilitating
the proof of Hindu marriages, the State Government may make rules
providing that the parties to any such marriage may have the particulars
relating to their marriage entered in such manner and subject to such
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conditions as may be prescribed in a Hindu Marriage Register kept for the
purpose.
(2) Notwithstanding anything contained in sub-section (1), the State
Government may, if it is of opinion that it is necessary or expedient so to
do, provide that the entering of the particulars referred to in sub-section
(1) shall be compulsory in the State or in any part thereof, whether in all
cases or in such cases as may be specified, and where any such direction
has been issued, any person contravening any rule made in this behalf
shall be punishable with fine which may extend to twenty-five rupees.
(3) All rules made under this section shall be laid before the State
Legislature, as soon as may be, after they are made.
(4) The Hindu Marriage Register shall at all reasonable times be open for
inspection, and shall be admissible as evidence of the statements therein
contained and certified extracts therefrom shall, on application, be given
by the Registrar on payment to him of the prescribed fee.
(5) Notwithstanding anything contained in this section, the validity of any
Hindu marriage shall in no way be affected by the omission to make the
entry.”
15. Section 8 of the Hindu Marriage Act provides for the registration
of Hindu marriages. The purpose of registration under Section 8 is only to
provide evidence and proof of a marriage that has already been validly
solemnized in accordance with Section 7 of the Act. Registration under
Section 8 does not, by itself, make a marriage valid or legal if the
essential ceremonies required under Section 7 have not been performed.
In other words, a Hindu marriage can be validly registered only if a
marriage has first been solemnized in accordance with Section 7. If no
such marriage has actually taken place, any registration made or
certificate issued will have no legal effect and will not create the legal
status of husband and wife between the parties.
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16. We are of the considered opinion that, since the respondent herself
has admitted that no marriage rites and ceremonies were performed, the
basic and essential requirement of a Hindu marriage is absent in the
present case. Therefore, the existence of a marriage certificate or its
registration cannot override, contradict, or nullify the legal effect of her
clear admission that no marriage was ever solemnized. The learned
Family Court committed an error by proceeding on the assumption that
registration of the marriage, by itself, creates an irrebuttable presumption
and therefore requires a full trial, without first examining whether the
fundamental requirement of solemnization under Section 7 had been
satisfied. When the respondent herself has admitted that the essential
marriage ceremonies were never performed, there was no justification or
useful purpose in directing the parties to undergo a lengthy and protracted
trial.
SOLEMNIZATION OF MARRIAGE:
17. We observe that, in the context of Saptapadi in a Hindu marriage,
the Rig Veda states that after the seventh step is completed, the
bridegroom says to the bride: “With seven steps we have become friends
(sakha). May I attain friendship with you and may I never be separated
from that friendship.” In Hindu tradition, a wife is regarded as one-half of
her husband (ardhangini), while at the same time being recognized as an
individual with her own identity and as an equal partner in the marriage.
Under Hindu Law, marriage is considered a sacrament or samskara. It
forms the foundation of a new family.
18. We further observe that a Hindu marriage is a samskara and a
sacrament, and it must be given its due status as an institution of great
importance in Indian society. We therefore urge young men and women
to carefully consider the institution of marriage before entering into it and
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to understand the sacred nature of this institution in Indian society.
Marriage is not merely an occasion for ‘song and dance’ or ‘wining and
dining’. Marriage is not a commercial transaction. It is a solemn and
foundational event through which a man and a woman enter into a
relationship as husband and wife for the purpose of building a family in
the future, which is the basic unit of Indian society. A Hindu marriage
facilitates procreation, strengthens the family unit, and promotes the spirit
of fraternity among different communities. Above all, marriage is sacred
because it creates a lifelong, dignified, equal, consensual, and healthy
union between 2 individuals. It is also regarded as an event that helps an
individual attain salvation, particularly when the prescribed rites and
ceremonies are duly performed. The customary ceremonies, despite their
geographical and cultural variations, are believed to purify and transform
the spiritual being of an individual.
19. In the facts of the present case, the respondent has herself admitted
in her written statement that no rites or rituals were performed and that no
lawful marriage was solemnized between the parties. When the very
foundation of a Hindu marriage, namely the performance of the essential
ceremonies, is admittedly absent, the spiritual, social, and legal status that
Hindu law grants to marriage as a sacrament and samskara never came
into existence. Therefore, the relationship between the parties never
acquired the legal status of husband and wife. Any document or
registration that purports to certify such a non-existent marriage cannot
confer upon the parties a status that can arise only from a validly
solemnized Hindu marriage.
20. It is apt to place reliance on the judgment passed by the Supreme
Court in the case of Rathnamma & Ors. v. Sujathamma & Ors., Civil
Appeal No. 3050 of 2010 , wherein it is held that mere registration of an
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agreement of marriage is not sufficient to prove marriage. In the present
case, although the alleged marriage stands registered and a certificate has
been issued, the respondent herself has admitted in her written statement
that no rites and rituals were performed and no lawful marriage was
solemnized between the parties. Therefore, the registration or the
certificate cannot be treated as proof of a valid marriage, and the learned
Family Court ought to have passed a decree on the basis of the said clear
admission.
21. The appellant has also pointed out that he was residing in the
United Kingdom, that he was never informed about the alleged marriage,
and that there has been no cohabitation between the parties at any point of
time. These facts remain uncontroverted. The admission made by the
defendant fully supports the case of the appellant that no valid marriage
ever took place.
22. The learned Family Court ought to have appreciated that when one
party makes a clear admission on the foundational fact that no marriage
was solemnized, the Court can and should pass a decree on the basis of
such admission instead of forcing the parties into a long and unnecessary
trial. By refusing to act on the admission, the learned Family Court has
caused injustice to the appellant and has prolonged the litigation without
any real benefit.
23. In view of the forgoing reasons, the impugned judgment and order
passed by the learned Family Court cannot be sustained. The appeal
deserves to be allowed.
24. The impugned judgment and order dated 13.11.2025 passed by the
learned Judge, Family Court, Ahmedabad in Family Suit No. 715 of 2025
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is hereby quashed and set aside. The alleged marriage between the
appellant and the defendant, is hereby declared null and void ab initio, as
no right or liability flowers from such marriage.
25. Liberty is reserved to the appellant to take appropriate steps before
the competent authority for cancellation of the marriage registration and
the marriage certificate issued in respect of the parties. No order as to
costs.
(ILESH J. VORA,J)
(R. T. VACHHANI, J)
MVP
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