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Doly Rani vs Manish Kumar Chanchal on 18 October, 2023

9. It is true that the Supreme Court in Dolly Rani (supra) held that mere issuance of a certificate by an entity in the absence of any ceremony being performed by the parties under Section 7 of the Hindu Marriage Act, 1955, will not lead to a presumption of a valid marriage. But then, one must remember that 2026:KER:5163 R.S.A Nos.640 and 678 of 2025 12 the registration under the rules presupposes a performance of a valid solemnization of marriage in terms of Sections 7 and 8 of the Hindu Marriage Act, 1955. Since the appellant admitted that the marriage with Devi was registered, it was incumbent upon him to prove that the said marriage was not preceded by any customary ceremonies. In the absence of any such proofs, the presumption cannot be rebutted.
Supreme Court - Daily Orders Cites 0 - Cited by 0 - B V Nagarathna - Full Document
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