Delhi High Court Issues Notice On Plea For Registration Of 40 Yrs Old Marriage, Convened When The Couple Was Underage

The Delhi High Court on Thursday issued notice on a plea filed by a couple married for over 40 years, now seeking registration of their marriage. 

The couple was unable to register their marriage, which was held in the year 1981, for the reason of non-acceptance of their application on the software as they were underage at the time of their marriage.

Justice Rekha Palli sought response authorities including the District Magistrate of North West Delhi while listing the matter for further hearing on December 23.

The petitioners had sought a direction to the respondents for registration of their marriage as prescribed in Section 15 of the Special Marriage Act 1954. They also sought a direction to waive off the requirement for issuance of prior notice of 30 days before registration of the marriage.

It was the case of the couple that while they had approached the respondent authorities for registration of their marriage with all relevant documents, however, the same could not be done as the software system did not accept their application for the reason that the man was below 21 years and woman was below the age of 18 years at the time of their marriage on May 28, 1981.

It was also submitted that the couple now have four children out of the wedlock and are running their family life as wife and husband respectively.

It was therefore submitted that the inaction on the part of the respondents of neither rectifying the software nor registering the marriage by any other mode was unjust, arbitrary and illegal being violative of their fundamental rights under Articles 14, 16 and 21 of the Constitution of India.

In a similar development, the Court had recently observed that personal appearance for the purpose of seeking registration of marriage by a couple would include video conferencing mode.

"I find that the question as to whether personal appearance for the purpose of seeking registration of marriage would include VC as already considered not only by this Court but by other High Courts also," the Court said.

Case Title: BRAHAM PRAKASH RANA & ANR. v. GNCTD