Sadananda Naik vs State of Katnataka. Criminal Revision Petition 567/2011 decided on 11 December 2020.
Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/354623/1/CRLRP567-11-11-12-2020.pdf
Facts. Wife filed criminal case under Section 498A of the Indian Penal Code, 1860. Accused denied marriage itself. Argument in High Court was that the alleged marriage was registered under the Registration of Hindu Marriages Act 1955 and the same is not valid after coming into force of the Karnataka Marriages (Registration and Miscellaneous Provisions) Act, 1976.
Relevant paragraphs: 29. Admittedly, there is no express repealing of the applicability of the registration of marriages under Section 8 of H.M.Act in Karnataka nor there is any repealing of the RHMK Rules. Section 31 of KMRM Act though speaks about overriding effect of the Act upon any other Law for the time being in force, but, it cannot be forgotten that the H.M.Act is a Central Act (No.25 of 1955).
30…….the implied repeal cannot be readily inferred and mere provision of an additional remedy by a new Act would not take away an existing remedy. Further the implied repeal of an earlier law can be inferred only where there is enactment of a later law which had the power to override the earlier law and is totally inconsistent with the earlier law and the two laws cannot stand together. The registration of just provides a provision for registration of only those marriages which have been contracted in the Karnataka State, but, it also provides for registration of marriages in such place in which the bridegroom or the bride ordinarily resides. This is clear in Rule 4(1) of RHMK Rules, whereas, Section 3 of KMRM Act confines the scope of said Act only with respect to the marriages contracted in the State on or after the appointed day. However, the said KMRM Act does not confine the registration of marriages only for Hindu marriages, but, it says that it is applicable to every marriage that are contracted in the State.
31. Therefore, the provisions for registration of marriage (in the instance case, Hindu marriage) under KMRM Act would not in any way annul or invalidate a Hindu marriage registered under H.M.Act and RHMK Rules. Since the registration of marriage under H.M.Act is confined only for registration of Hindu marriages, whereas, the KMRM Act is of a wide scope enabling the registration of every marriage contracted in the State, the registration of marriage under KMRM Act so far as Hindus are concerned can be an additional provision for registration of their marriage. As such, it would not take away the facility of registering the marriage under H.M.Act and the RHMK Rules.
32. ...it also cannot be ignored that Section 8 of KMRM Act would not invalidate the marriage merely because the said marriage is not registered under the said Act.
Compile by S. Basavaraj, Advocate, Daksha Legal.
Daksha Legal 