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1. This petition has been filed challenging the order dated 31.07.2025 passed by Additional Principal Judge, Family Court, Court No. 1, Azamgarh in Case No. 1138 of 2024 (Sunil Dubey Vs. Minakshi) by which an application filed by the petitioner Paper No. 13-Ka for waiving off the filing of registration certificate of the marriage before the court has been rejected by the court below.
2. Brief facts of the case are that husband-petitioner and defendant-wife filed an application under Section 13 (B) of the Hindu Marriage Act, 1955 for divorce by mutual consent on 23.10.2024 which was registered as Case No. 1338 of 2024. During the pendency of the petition, learned Family Court Judge by order dated 04.07.2025 fixed 29.07.2025 for filing of marriage certificate. The petitioner filed an application Paper No. 13-Ka with the prayer that the Registration Certificate is not available with the parties and there is no compulsory requirement for getting the marriage registered under the Hindu Marriage Act, 1955 (hereinafter referred as “Act, 1955”) therefore, the petitioner may be exempted from filing the marriage certificate. The said application was also supported by the opposite party. The court below by order dated 31.07.2025 has rejected the application filed by the petitioner on the ground that as per Rule 3(a) of Hindu Marriage and Divorce Rules, 1956 dated 18.09.1956, (hereinafter referred as “Rules, 1956”) it is mandatory that in every proceeding under the Hindu Marriage Act, 1955 marriage certificate should be annexed along with the proceedings, therefore, even though there is no objection by the other side, since the filing of marriage certificate is mandatory as per Rule 3(a) of Rules, 1956, the same can not be exempted and the application of the petitioner was rejected. Hence the present petition.
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