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2014 DIGILAW 589 (PNJ)

Kuldeep Singh Sidhu v. State of Punjab

2014-03-21

RITU BAHRI

body2014
JUDGMENT Ms. Ritu Bahri, J.:- Notice of motion. 2. On the asking of the Court, Mr. Rupam Aggarwal, DAG, Punjab, accepts notice on behalf of the respondent-State. 3. The petitioners are seeking direction to Registrar of Marriages respondent No.2 to register the marriage of the petitioners and issue a marriage certificate. 4. The petitioners are major as the date of birth of petitioner No. 1 is 18.06.1990 and petitioner No. 2 is 01.07.1990. Their matriculation certificates, in this regard, have been attached as Annexure P-1 and P-2 respectively. The petitioners have solemnized their marriage on 24.02.2014 against the wishes of parents of petitioner No.2 at Gurudwara Akalgarh Sahib, Village Karor Kalan, Tehsil and District Mohali vide Annexure P-5. Thereafter, they petitioners intended to go abroad. Accordingly, they made an application (Annexure P-7) to respondent No.2 for registration of their marriage along with the relevant documents, but he refused to register their marriage on the pretext that the presence of their parents is necessary for that purpose. 5. As per Rule 5 and 6 of the Hindu Marriage (Punjab) Registration Rules, 1960, after solemnization of the marriage there is no requirement that the parents should be present at the time of registration of the marriage as they are major. 6. At this point of time, reference can be made to a judgment passed by this Court in Sukhwinder Kaur and another vs. State of Punjab and others, [2012(3) Law Herald (P&H) 2390] : CWP No. 12427 of 2013, decided on 30.05.2013, wherein reference has been made to the judgment passed by Hon’ble the Supreme Court in Seema vs. Ashwani Kumar, 2006 (1) RCR (Crl.) 263 and a judgment passed by this Court in Aarti Singh vs. Chief Registrar under Registration of Marriage Act, Haryana, Chandigarh and others, [2011(4) Law Herald (P&H) 3098 : 2013(2) Marriage L.J. 239 (P&H)] : CWP No. 2480 of 2011. In Sukhwinder Kaur’s case (supra), directions have been issued to the respondents to forthwith register the marriage of the petitioners, if there is no other legal impediment and subject to the satisfaction of the compliance of the conditions enumerated above. 7. In Seema’s case (supra), Hon’ble the Supreme Court has issued comprehensive directions to all the States and Central Government to take necessary steps for making registration of marriages of persons belonging to all religions as a compulsory step. 7. In Seema’s case (supra), Hon’ble the Supreme Court has issued comprehensive directions to all the States and Central Government to take necessary steps for making registration of marriages of persons belonging to all religions as a compulsory step. For the purposes, relevant portion of the judgment is reproduced as under:- “i) The procedure for registration should be notified by respective States within three months from today. This can be done by amending the existing rules, if any, or by framing new rules. However, objections from members of the public shall be invited before bringing the said rules into force. In this connection, due publicity shall be given by the States and the matter shall be kept open for objections for a period of one month from the date of advertisement inviting objections. On the expiry of the said period, the State shall issue appropriate notification bringing the rules into force. ii) The officer appointed under the said rules of the States shall be duly authorised to register the marriages. The age, marital status (unmarried,divorce) shall be clearly stated. The consequence of nonregistration of marriages or for filing false declaration shall also be provided for in the said rules. Needless to add that the object of the said rules shall be to carry out the directions of this Court. iii) As and when the Central Government enacts a comprehensive statute, the same shall be placed before this Court for scrutiny. iv) Learned counsel for various States and Union Territories shall ensure that the directions given herein are carried out immediately.” 8. The object of issuing such directions was for the benefit of the society at large, where marriages are performed without parental consent. To obviate such unwarranted situations, directions are issued to be strictly adhered to. The reasoning adopted by the respondents that presence of parents is must for registration of marriage would defeat the very object of the directions issued by the Hon’ble Supreme Court. In Aarti Singh’s case (supra), it was observed as under:- “Adults, who marry on their own accord with or without the consent of parents, cannot be made to run from pillar to post and it is the duty of the State to make the registration machinery move fast with sufficient unction to secure registrations without any stumbling block. In Aarti Singh’s case (supra), it was observed as under:- “Adults, who marry on their own accord with or without the consent of parents, cannot be made to run from pillar to post and it is the duty of the State to make the registration machinery move fast with sufficient unction to secure registrations without any stumbling block. I cannot take an averment in the petition that the Registering Officer requires a concurrence of the parents as a statement made only for the purpose of the petition. There is hardly a reason for the petitioners to make such a statement, unless it was true. It would mean serious dereliction of duty if Registering Officers draw their feet when young couples arrive with bated breath to seal their marriages to safety but obstructed by corrupt or inept officials at the registration department.” 9. In the light of the above discussion, this petition is disposed of by giving a direction to respondent No.2 to register the marriage of the petitioners in accordance with law.