Kolkata, May 13 -- The Calcutta High Court has held that an underage Hindu marriage is neither void nor voidable under the Hindu Marriage Act while dismissing a woman's appeal seeking recognition as the legally married wife of a deceased man and claiming his retiral benefits.
A division bench of Justice Sabyasachi Bhattacharyya and Justice Biswaroop Chowdhury upheld an appellate court order recognising the marriage between Shibram Lohar and another woman, observing that the marriage had been proved through oral evidence and customary Hindu rites.
The appellant had filed a civil suit claiming she was the legally married wife of Shibram Lohar and entitled to his retiral benefits after his death.
The trial court had questioned the validity of the earlier marriage after noting evidence that the first defendant was allegedly around 10 years old at the time of marriage. It held that the marriage violated the statutory age requirement under the Hindu Marriage Act and treated it as invalid under the Child Marriage Restraint Act.
However, the appellate court reversed the findings after examining witness testimonies. The woman stated that she married Shibram on July 3, 1970 and that two children were born from the marriage. Witnesses testified that Hindu rites, including "Saptapadi", were performed during the wedding.
An independent witness also supported the claim that the marriage was solemnised according to Hindu customs. Based on the evidence, the appellate court concluded that the marriage stood proved.
Affirming the findings, the High Court observed that a Hindu marriage does not become invalid merely because it is unregistered. The bench said a registration certificate only creates a rebuttable presumption and that proof of essential ceremonies remains significant under Hindu law.
The court held that the trial court committed a "patent legal error" by treating the marriage as invalid under the Child Marriage Restraint Act and relying on discrepancies regarding witnesses' ages.
The bench observed that the Child Marriage Restraint Act had "no bearing on the validity of a Hindu marriage" and reiterated that an underage marriage under Hindu law is "neither void nor voidable".
The court held that the subsequent marriage registration certificate relied upon by the appellant had no legal significance because the earlier marriage was already subsisting and had been proved through evidence.
Published by HT Digital Content Services with permission from Millennium Post.