Thursday, 18 June 2020

Whether Registrar of Marriage can refuse to register Marriage if it is in Violation Of Minimum Age Limit Under Hindu Marriage Act?

Learned counsel for the petitioners submits that petitioner No.1,
namely, Deepak Kumar, was less than 21 years of age on the date of the
marriage and thus, there was a violation of Section 5 of the Hindu Marriage
Act, 1955. However, in view of Sections 11 and 12 of the said Act, the
marriage was only voidable. Neither of the parties has sought to avoid their
marriage and thus, there is no legal bar in registration of the same. 
A perusal of the Hindu Marriage Act, 1955, shows that in case,
a marriage has been solemnized in violation of the age restriction laid down
therein, the marriage is only voidable. However, neither of the parties have
sought annulment of the marriage. In fact, the parties are seeking to register
their marriage. In law, the marriage is legal and there is no bar to its
registration. This case is squarely covered by Baljit Kaur Boparai’s and
Jyoti’s cases (supra).
The writ petition is accordingly, allowed

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

CWP-5135-2020 (O&M)
Date of decision : 15.6.2020

Deepak Kumar Vs  State of Haryana 

CORAM: HON’BLE MR. JUSTICE SUDHIR MITTAL


This writ petition has been filed with a prayer for directions to
respondents No.3 and 4 to register their marriage.
The petitioners got married on 20.11.2015. The marriage was
arranged by their respective families. Meanwhile, two children have been
born out of the wedlock. On 18.11.2019, an application for registration of
their marriage was filed, but their marriage has still not been registered till
date.
Learned counsel for the petitioners submits that petitioner No.1,
namely, Deepak Kumar, was less than 21 years of age on the date of the
marriage and thus, there was a violation of Section 5 of the Hindu Marriage
Act, 1955. However, in view of Sections 11 and 12 of the said Act, the
marriage was only voidable. Neither of the parties has sought to avoid their
marriage and thus, there is no legal bar in registration of the same. The case
is, in fact, covered by Baljit Kaur Boprai Vs. State of Punjab and another,
2008 (3) RCR (Civil) 109 as well as Jyoti and another Vs. State of Haryana
and others, 2019 (4) RCR (Civil) 577.

Learned State counsel is not in a position to controvert the
submissions made by learned counsel for the petitioners.
The matter has been adjourned from time to time to enable the
learned State counsel to get appropriate instructions. Today also, he has
sought time, but I do not find any valid reason to accept the request.
A perusal of the Hindu Marriage Act, 1955, shows that in case,
a marriage has been solemnized in violation of the age restriction laid down
therein, the marriage is only voidable. However, neither of the parties have
sought annulment of the marriage. In fact, the parties are seeking to register
their marriage. In law, the marriage is legal and there is no bar to its
registration. This case is squarely covered by Baljit Kaur Boparai’s and
Jyoti’s cases (supra).
The writ petition is accordingly, allowed and respondents No.2
to 4 are directed to ensure that the marriage be registered within two weeks
from the date of receipt of certified copy of this order.
(SUDHIR MITTAL)
JUDGE
15.6.2020

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