Couple Held Two Marriage Ceremonies, Saptapadi Performed In Latter: Gujarat High Court Orders Registrar To Consider Application For Change In Date
The Gujarat High Court has allowed a writ seeking a direction upon the Registrar of Marriages to consider the petitioners' application for issuance of a fresh marriage certificate, mentioning the date on which a pompous wedding was held with 'saptapadi', rather than a former date on which the couple had exchanged varmala in presence of a small gathering.Due to pandemic of COVID-19 and...
The Gujarat High Court has allowed a writ seeking a direction upon the Registrar of Marriages to consider the petitioners' application for issuance of a fresh marriage certificate, mentioning the date on which a pompous wedding was held with 'saptapadi', rather than a former date on which the couple had exchanged varmala in presence of a small gathering.
Due to pandemic of COVID-19 and the restrictions imposed by the Government on public gathering, the writ applicants entered into marriage with a very small number of relatives attending the marriage. The marriage invitation was not prepared and the couple only performed the ceremonies of exchanging garlands, tying mangalsutra and applying sindhoor. However, the ceremony of "datta homa" and "Saptapadi" (i.e. taking seven steps around the sacred fire) were not performed.
Subsequently, on 19.12.2021, a pompous wedding was organized whereat the ceremonies of "datta homa" and "saptapadi" were performed.
Thus, the couple had sought change in the marriage certificate from 17.07.2021 to 19.12.2021.
The Applicant placed reliance on the decision of the Co-ordinate Bench of the High Court with similar facts and circumstances wherein the High Court had noted the problems the applicant was facing in cohabiting with her husband in Germany and permission was granted to the couple to make a fresh application for change in date.
Meanwhile, the Respondent authorities assured that if the applicant sought a change in the date in the marriage certificate, the authority would decide the same within four weeks.
Accordingly, the Bench, felt inclined to exercise its extraordinary jurisdiction under Art 226 by directing the authorities to effect change in the marriage dates from 17.07.2021 to 19.12.2021. Consequently, the earlier marriage certificate ought to be quashed and set aside, per the Bench.
Case Title: RICHA W/O KUSHAL MISTRY AND D/O HEMANTKUMAR ADHVARYU Versus STATE OF GUJARAT
Case No.: C/SCA/5745/2022