{"id":391464,"date":"2026-07-27T12:00:34","date_gmt":"2026-07-27T06:30:34","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=391464"},"modified":"2026-07-27T12:48:59","modified_gmt":"2026-07-27T07:18:59","slug":"marriage-or-divorce-cant-be-performed-via-notarised-agreement-mp-hc","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2026\/07\/27\/marriage-or-divorce-cant-be-performed-via-notarised-agreement-mp-hc\/","title":{"rendered":"Can marriage or divorce be performed via a notarised agreement under Hindu Law? Madhya Pradesh HC answers"},"content":{"rendered":"
\n

Disclaimer:<\/span> This has been reported after the availability of the order of the Court and not on media reports so as to give an accurate report to our readers.<\/span><\/p>\n

Madhya Pradesh High Court:<\/span> In a writ appeal filed by a man claiming benefits of his deceased wife, the Division Bench of Gurpal Singh Ahluwalia*<\/span><\/span> and Anuradha Shukla, JJ., dismissed the appeal, holding that the appellant was not entitled to any benefits on account of the deceased as he was never married to her and his relationship with her did not have any legal status as she divorced the first husband via a notarised agreement, which was not a valid divorce. Reiterating that long cohabitation can be presumed to be a valid marriage, the Court stated that since the first marriage of the deceased was never severed, and if the long cohabitation (if any) is treated as a presumption of a valid marriage, then such presumption would be contrary to Section 5<\/a>, Hindu Marriage Act, 1955<\/a> (HMA). Under Section 11<\/a> HMA<\/a>, any marriage solemnised in contravention of any of the conditions specified in sub-sections (i<\/span>), (iv<\/span>) and (v<\/span>) of Section 5 would be a void marriage.<\/span><\/p>\n

Background<\/p>\n

The appellant’s wife was a permanent chowkidar for the Department of Tribal Affairs. During her employment, she passed away on 17 August 2022. Aggrieved, he filed a writ petition contending that due to illegal and arbitrary actions on the part of respondents, the family pension and other benefits payable to the appellant have not been paid despite repeated and rigorous efforts.<\/p>\n

As per the State, the Additional Collector had issued a certificate regarding the legal heirs of the deceased, according to which another man (first husband) and 3 children were her legal representatives. In the service book, the first husband, 2 children, and her father were mentioned as legal heirs. Thus, the appellant was not the husband of the deceased and was not entitled to any dues.<\/p>\n

The Single Judge, after hearing both the parties and considering the material available on record, dismissed the writ petition by holding that the appellant failed to prove that he was the husband of the deceased. However, he was granted liberty to initiate appropriate proceedings to establish his relationship as husband of the deceased and then raise his claim before the competent authority.<\/p>\n

Aggrieved, he filed the present intra-court appeal under Section 2(1), Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 against the Single Judge’s order.<\/p>\n

As per the appellant, the husband mentioned in the service book was the deceased’s first husband, whom she had divorced in 1998, and she married the appellant in 2000. In her death certificate, the appellant’s name had been mentioned. Furthermore, he contended that the deceased had submitted an affidavit for change of nominee in which she had disclosed that her husband was the appellant. A certificate by the Collector was also issued to the effect that the deceased, wife of the appellant, is working in the post of Chowkidar, and her work is satisfactory. Even in the GPF account, the appellant was named as the husband of the deceased.<\/p>\n

Also Read:<\/span> Husband Used a Lok Adalat Settlement to Justify a Second Marriage — Allahabad HC Holds Lok Adalats Cannot Grant Divorce; Directs Judgment to Be Circulated Across UP<\/span><\/a><\/p>\n

Issues<\/p>\n

    \n
  1. \n

    Whether the marital ties of the first husband and the deceased can be severed by executing a notarized divorce paper.<\/p>\n<\/li>\n

  2. \n

    Whether a marriage by contract can be performed under the Hindu law.<\/p>\n<\/li>\n

  3. \n

    Whether a notarized marriage agreement can be said to be a valid marriage.<\/p>\n<\/li>\n<\/ol>\n

    Analysis<\/p>\n

    At the outset, the Court noted that the first husband had been mentioned as the deceased’s husband in the service book. There was no interpolation or overwriting. Further from the service record, it appears that an agreement to sell was entered into by the deceased in 2003 regarding a plot. In that affidavit, she disclosed that the first husband was her husband. The service record also contained a letter dated 27 May 2004 written by the District Organizer, Adim Jati Kalyan, Gwalior, which was addressed to the deceased. In that letter, an explanation was called for from her that in her service book, the first husband’s name was mentioned as her husband, whereas in her leave applications dated 18 May and 28 May 2004, the appellant’s name was mentioned as her husband. In response to this letter, the deceased stated, vide letter dated 3 June 2004, that the first husband was her husband. It was specifically mentioned that neither the appellant was her husband nor did she have any relation with him.<\/p>\n

    Regarding the change of nominee application, the Court noted that, as per the State, no such application was made by the deceased. The Court further noted that in the marriage card of the deceased’s son dated 2006, the husband’s name was that of the first husband.<\/p>\n

    Thus, the Court held that even in the declarations made by the deceased, she had specifically disclosed the name of her first husband and not the appellant.<\/p>\n

    Thereafter, the Court noted that the service record also contained a letter dated 30 September 2022 issued by Assistant Commissioner (Jan Jatiya Karya Vibhag) Gwalior, which was addressed to the first husband and the appellant. In this letter, it was mentioned that the appellant had also claimed himself to be the husband of the deceased, and accordingly, both were directed to obtain the succession certificate. The appellant had not initiated any succession proceedings.<\/p>\n

    The Court took note of an interlocutory application filed by the appellant under Order 41 Rule 27<\/a> Civil Procedure Code, 1908<\/a>, whereby the appellant placed a notarized agreement purportedly executed by the first husband and the deceased on record. According to this notarized agreement, the deceased and the first husband had taken divorce. The appellant has also filed a photocopy of an affidavit executed by the deceased wherein she had claimed that earlier she was married to the first husband, but by a notarized agreement, the marital relationship with him was broken on 27 November 1998, and now she has married to the appellant.<\/p>\n

    The Court noted that the service book also contained an application dated 11 November 2022 filed by the appellant, addressed to the Commissioner, which stated that the appellant had performed marriage with the deceased on 14 July 1999 by executing an agreement of marriage.<\/p>\n

    Also Read:<\/span> Second marriage after divorce not void merely because appeal against divorce decree is pending; condonation of delay does not revive Section 15 HMA bar: Kerala High Court<\/a><\/p>\n

    Upon perusal of Section 5<\/a> HMA<\/a>, the Court stated that none of the parties to the marriage should have a living spouse at the time of marriage. Undisputedly, no petition under Section 13<\/a> HMA<\/a> was ever filed by the parties; neither was any decree, either under Section 13 or 13A, obtained by them for severing ties between the first husband and the deceased.<\/p>\n

    The Court held that divorce cannot take place merely on execution of a notarized agreement of divorce. Under these circumstances, the marital ties of the deceased with the first husband were never severed\/broken, and thus, the first marriage of the deceased continued to subsist in the absence of any divorce decree.<\/p>\n

    Regarding execution of a marriage agreement between the appellant and the deceased, the Court stated that though the appellant submitted that he had performed court marriage, it was clear from the aforementioned agreement of marriage that no court marriage had taken place between them. Furthermore, the appellant could not cite even a single instance to show the existence of a custom to perform marriage by notarized agreement, as stated by him in the agreement for marriage. The Court held that since marriage is not a contract under Hindu law, it cannot be performed by executing a notarized agreement of marriage.<\/p>\n

    “To prove custom, the aspirant must prove that the custom was not only recognized by society but is also still in existence for the last several years, or it was ever recognized by the courts.”<\/span><\/p>\n

    Accordingly, the Court held that the appellant failed to prove that he was ever married to the deceased.<\/p>\n

    Decision<\/p>\n

    The Court held that the marital ties between the deceased and her first husband were never broken. Even assuming that the appellant was in a live-in relationship with the deceased, that by itself would not give any legal flavor or color to such an illegal relationship.<\/p>\n

    Reiterating that long cohabitation can be presumed to be a valid marriage, the Court stated that since the first marriage of the deceased was never severed, and if the long cohabitation (if any) is treated as a presumption of a valid marriage, then such presumption would be contrary to Section 5<\/a> HMA<\/a>. Under Section 11<\/a> HMA<\/a>, any marriage solemnized in contravention of any of the conditions specified in subsections (i), (iv) and (v) of Section 5 would be a void marriage.<\/p>\n

    Thus, viewed from every angle, the Court held that the first husband was the husband of the deceased and he continued to remain so, and the appellant, who might be in a live-in relationship with the deceased, did not acquire any legal status.<\/p>\n

    Accordingly, the Court dismissed the appeal, holding that the appellant was not entitled to any benefits on account of the deceased.<\/p>\n

    [Ram Kripal Singh v. State of Madhya Pradesh, Writ Appeal No. 1624 of 2026, decided on 1-7-2026<\/span>]<\/p>\n

    *Judgment authored by: Justice Gurpal Singh Ahluwalia<\/span><\/strong><\/p>\n\n

    Advocates who appeared in this case:<\/p>\n

    For the petitioner:<\/span> Mahabir Prasad Sharma<\/p>\n

    For the respondent:<\/span> Ankur Mody A.A.G.<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

    Neither a divorce nor a marriage can be conducted through a notarised agreement, the Madhya Pradesh High Court holds, dismissing a family pension claim by a man who could not prove he was ever legally married to a deceased Tribal Affairs<\/span> Department employee.<\/p>\n","protected":false},"author":67524,"featured_media":391474,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3,10],"tags":[110827,43803,2846,33345,110825,110826,31368,10202,4031,69077,110823,7201,4021,110824,37517,30079],"class_list":["post-391464","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-casebriefs","category-highcourts","tag-agreement-to-marry","tag-customary-marriage","tag-divorce","tag-divorce-decree","tag-divorce-under-hindu-law","tag-divorce-via-notarized-agreement","tag-family-law","tag-hindu-law","tag-hindu-marriage-act","tag-justice-anuradha-shukla","tag-justice-gurpal-singh-ahluwalia","tag-madhya-pradesh-high-court","tag-marriage","tag-marriage-under-hindu-law","tag-validity-of-marriage","tag-void-marriage"],"yoast_head":"\nMarriage or divorce can't be performed via notarised agreement: MP HC | SCC Times<\/title>\n<meta name=\"description\" content=\"Madhya Pradesh HC clarified that marriage or divorce can't be performed via a notarised agreement under Hindu Law, as marriage under hindu law is not a contract\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.scconline.com\/blog\/post\/2026\/07\/27\/marriage-or-divorce-cant-be-performed-via-notarised-agreement-mp-hc\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Can marriage or divorce be performed via a notarised agreement under Hindu Law? 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