Dolly Rani vs Manish Kumar Chanchal
Reference : [2024] SCC Online SC 754
Jurisdiction : India
Appellant : Dolly Rani
Respondent : Manish Kumar Chanchal
Facts :
The petitioner, Dolly Rani (the wife), and the respondent, Manish Kumar Chanchal (the husband), both are trained commercial pilots who got engaged on March 7, 2021, and claimed that their marriage was formally solemnized on July 7, 2021. They obtained a marriage certificate from the Vadik Jankalyan Samiti (Regd.) and a Certificate of Registration of Marriage under the Uttar Pradesh Marriage Registration Rules, 2017. The couple had planned to conduct a formal marriage ceremony in accordance with Hindu rites and customs on October 25, 2022.
However, some disputes and disagreements arose between them and as a result, the petitioner Dolly Rani, accused the respondent’s family of dowry demands and harassments. She subsequently filed an FIR under sections 498A, 420, 506, 509 and 34 of the Indian Penal Code (IPC), as well as sections 3 and 4 of The Dowry Prohibition Act, 1961 on November 17, 2022.
On March 13, 2023, the respondent, Manish Kumar Chanchal filed for a divorce under section 13 (1)(ia) of the Hindu Marriage Act, 1955 in a family court of Bihar. This case was later transferred to Jharkhand following a transfer petition by Dolly Rani. While the transfer petition was still pending, both the appellant and respondent filed a joint application under article 142 of the Constitution of India, requesting their marriage dated July 7, 2021 be declared void and null as it had not been performed according to Hindu rites and customs.
Issues :
1. Was the marriage between the petitioner and respondent considered as valid? Did they acquire any status of husband and wife?
2. Should the cases filed against each other be revoked?
3. Should the joint application made by the petitioner and respondent under Article 142 of the Constitution of India be approved by the Court?
Decisions :
The Supreme Court of India, under article 142 of the Constitution, disposed of the respondent’s divorce petition, as well as the petitioner’s maintenance and criminal cases.
The court observed that, Dolly Rani and Manish Kumar Chanchal did not solemnize their marriage following the Hindu rites, customs and other necessary requirements stated under section 7 of the Hindu Marriage Act, 1955. If a couple does not solemnize their marriage with the proper ceremonies and rituals stipulated in the section 7 of Hindu Marriage Act,1955, their marriage cannot be considered legitimate and will instead be regarded as void. Simply obtaining certificates without performing the ceremonies does not confer marital status.
As a result, the marriage certificates of Dolly Rani and Manish Kumar Chanchal obtained from the Vadik Jankalyan Samiti and Uttar Pradesh Marriage Registration Rules, 2017, were declared void ab initio. The court also declared that the petitioner and the respondent had never acquired the status of husband and wife which means their marriage is not valid under Hindu Law. Furthermore, it revoked the divorce petition, maintenance case and criminal cases filed by the parties against each other.
The Court, therefore, concluded that no legitimate marital relationship existed between Dolly Rani and Manish Kumar Chanchal under Hindu Law and approved the joint application made by the petitioner and respondent under Article 142 of the constitution of India.
Relevant Laws :
- The Indian Penal Code, 1860
- Section : 34, 498A, 420, 506, 509
- The Dowry Prohibition Act, 1961
- Section : 3, 4
- Hindu Marriage Act, 1955
- Section : 7
- The Constitution of India
- Article : 142
Author :
1. Nusiba Hasan Ohee
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