Hindu Marriage Can't Be Solemnised Or Dissolved Through Notarised Agreements: Madhya Pradesh High Court

The Madhya Pradesh High Court has held that a Hindu Marriage can neither be legally solemnised nor dissolved through a notarised agreement. [2026 LiveLaw (MP) 253]While dealing with the case of a deceased woman who during her lifetime executed a notarised divorce agreement with her husband and entered into a notarised marriage agreement with another man, the division bench of Justice GS Ahluwalia and Justice Anuradha Shukla observed,"Divorce cannot take place merely on execution of a notarized agreement of divorce...Marriage is not a contract under Hindu law, and therefore, it cannot be performed by executing a notarized agreement of marriage". Per the facts, Suman Bai, the wife of appellant Ram Kripal, was a permanent employee as Chowkidar in the Department of Tribal and Welfare. During her employment, she passed away, but Kripal was not paid employment benefits, including a pension, despite repeated efforts. State on the other hand claimed that Kripal was not the husband of Suman and that, per the service book, Kok Singh was her husband. The Single Judge had dismissed Kripal's petition on the ground that he failed to prove his marriage to Suman Bai. Challenging this order, the present intra-court appeal was filed. The counsel for Kripal contended that Kok Singh was the first husband of Suman Bai but in November 1998, they executed a divorce agreement and thereafter, Suman and Kripal performed court marriage.The division bench however noted Kok Singh and Suman had purportedly executed a notarized agreement for divorce. However, no petition under Section 13 of the Hindu Marriage Act was ever filed by the parties. "No decree, either under Section 13 or Section 13A of the Hindu Marriage Act, was obtained by any of the parties for severing the marital ties of Kok Singh with Smt. Suman Bai. Divorce cannot take place merely on execution of a notarized agreement of divorce. Under these circumstances, it is clear that marital ties of Smt. Suman Bai with Kok Singh was never severeed/broken, and thus, the first marriage of Smt. Suman Bai continued to subsist in absence of any decree for divorce," the Court held.So far as her marriage with Kirpal is concerned, the Court noted that no court marriage had taken place."Although it is mentioned in the agreement of marriage that there is a custom to perform marriage by notarized agreement, but appellant could not cite even a single instance to show the existence of such custom in the society. In order to prove custom, the aspirant must prove that the custom was not only recognized by the society but is also still in existence for the last several years, or it was ever recognized by the courts. Marriage is not a contract under Hindu law, and therefore, it cannot be performed by executing a notarized agreement of marriage," it said.Therefore, the bench assumed appellant's relationship with Suman Bai as a live-in relationship and highlighted that such a relationship would not give any "legal flavour or colour". It thus dismissed the appeal. Case Title: Ram Kripal Singh v State of Madhya Pradesh, WA-1624-2026Citation: 2026 LiveLaw (MP) 253For Appellant: Advocate Mahabir Prasad SharmaFor State: Additional Advocate General Ankur ModyClick here to read/download the Order

Hindu Marriage Can't Be Solemnised Or Dissolved Through Notarised Agreements: Madhya Pradesh High Court

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Hindu Marriage Can't Be Solemnised Or Dissolved Through Notarised Agreements: Madhya Pradesh High Court

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