Couple Of Marriageable Age Having A Child- P&H HC Says Authority's Action To Not Register Marriage On Ground That Man Was Of 18 Years Violative Of Settled Law

Dealing with a plea filed by a couple of marriageable age having one child, the Punjab and Haryana High Court has observed that the action of the competent authority to not register their marriage on the ground that the man was of 18 years of age at the time of marriage, was clearly violative of settled position of law.

A single judge bench comprising of Justice Lisa Gill issued notice on the plea and sought response of the State of Haryana and concerned authorities by August 28.

The petitioners, a couple having one child had submitted before the Court that their marriage was not being registered by the competent authority on the ground that at the time of marriage, age of the bridegroom was 18 years. 

"Said action, it is stated, is clearly violative of the settled position of law," the Court observed.

Reliance was made on the judgment delivered by the High Court in the case of Baljit Kaur Boparai and another Vs. State of Punjab and another (2008) wherein the Court had directed the Registrar of Marriages that it shall not refuse to register the marriage on the ground that couple had solemnized their marriage when one of the spouse was less than 21 years of age.

The High Court also relied on the judgment of Jyoti and another Vs. State of Haryana and others (2019) wherein it was held that:

"Since the marriage is of a substantial duration and the couple is bringing up their offspring, there is no need to inform the general public of the marriage beforehand as they have a right to privacy and to avoid any harm to them."

After issuing notice, the Court adjourned the matter to August 28 at the request of the Additional Advocate General appearing for the State.

Title: VIKRAM AND ANOTHER VS STATE OF HARYANA AND OTHERS

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