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. So you see in order to facilitate the proof of marriage the Hindu Marriage is registered & a valid marriage Certificate is issued. Now here the Valid Marriage Certificate is proof of Hindu Marriage & not the Validity of Marriage (very important point to be noted). The Hindu marriage was valid or not depends on its performance/solemnization according to the prescribed form which will be accordance with the customary rites and ceremonies of either party thereto, as explained above & not on the basis of the Valid Marriage Certificate. However it will be presumed that a registered Hindu Marriage was solemnized as per the Customary Rites & all essential ceremonies were performed, anyone who challenges the Validity of the Hindu Marriage on the basis of actual performance of all or any essential ceremonies which were required & were binding on either of the party in the Hindu Marriage should prove it with sufficient evidence that the essential ceremonies were not completely or partially performed which would make the marriage legally binding on the parties. Any person who obtain Marriage Certificate from the Registrar of Marriages by falsely getting the marriage registered by making false statement on oath (making affidavits) & giving other wrong evidence with regard to valid Hindu Marriage amongst them will be committing offence of perjury for which they can be punished under section 198 of the Indian Penal Code on a criminal complaint if filled by the Registrar of Marriages. The Registrar of marriages registered the so-called marriage on their misrepresentation thus deceiving & dishonestly induces him wrongly register their marriage which amounts to cheating. They can even face the charges of cheating & punished for same.
Posted on: Mon, 10 Mar 2014 09:17:20 +0000
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