The doctrine of factum valet is a principle rooted in equity, encapsulated by the Latin maxim Factum valet quod fieri non debuit, meaning “what ought not to be done becomes valid once done.” This doctrine acknowledges that while an act might initially contravene established rules, its subsequent acceptance or ratification makes it valid and enforceable.

Definition

Under this doctrine:

• Actions or transactions that might have been irregular or unlawful initially are deemed valid if they cannot be undone without causing greater harm.
• It emphasizes the de facto reality over de jure norms in certain circumstances.

This principle is often invoked in Hindu law, specifically concerning family matters like marriages, adoptions, or property transfers, where adherence to strict rules might have been overlooked, but the consequences of invalidating such actions would be inequitable or impractical.

Application in Indian Law

1. Marriage and Adoption:
   • In cases where ceremonies or legal formalities are irregularly performed but still align with the core intention of the parties, courts may apply this doctrine to uphold the act.
   • Example: An adoption done without complete adherence to prescribed rituals may still be valid if both parties acted in good faith and the child’s welfare is considered.
2. Property Transactions:
   • Property transfers made in breach of certain procedural norms may still hold if subsequent actions demonstrate acceptance and equity favors their validation.

Key Case Laws

1. Bhaurao Shankar Lokhande v. State of Maharashtra (1965 AIR 1564)
   • The Supreme Court held that irregular performance of marriage rituals does not necessarily invalidate a marriage, provided it satisfies core elements.
2. Ramesh Kumar v. Kesho Nath (AIR 1992 SC 1028):
   • The doctrine was invoked to validate a deed executed under irregular circumstances, emphasizing equity over technicalities.
3. Sawan Ram v. Kalawati (1967 AIR 1761):
   • Addressed the validity of adoptions where the strict letter of the law wasn’t followed but the act itself was consistent with the broader purpose of adoption laws.

Eligible Enactments

The doctrine is not codified as a standalone provision but is recognized in the interpretation of statutes like:

1. The Hindu Marriage Act, 1955:
   • Where minor procedural defects in marriages may be overlooked.
2. The Hindu Adoptions and Maintenance Act, 1956:
   • Validates adoptions even if minor formalities are overlooked, provided the adoption reflects genuine intent.
3. The Transfer of Property Act, 1882:
   • Validates transactions where minor procedural irregularities do not vitiate the substantive rights of the parties.

Limitations

• This doctrine does not apply to acts or transactions that are prohibited by law (e.g., marriages violating sapinda relationships under Hindu law).
• It also cannot validate acts that violate principles of public policy or are declared void by statutes.

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