CWP No.4161 of 2014 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No.4161 of 2014 (O&M) Date of decision : 05.03.2014 Aneeti Joshi and another ...Petitioners versus State of Punjab and another ..Respondents CORAM: HON'BLE Ms.JUSTICE RITU BAHRI Present: Mr.J.P.Rana, Advocate for the petitioneRs.**** RITU BAHRI , J.
(Oral) Issue notice of motion.
On asking of the Court, Ms.Anu Pal, AAG, Punjab accepts notice on behalf of the State.
This petition under Article 226/227 of the Constitution of India is for issuance of writ in the nature of mandamus for directing respondent No.2 to register marriage of the petitioners and to issue marriage certificate to the petitioner, as the petitioners have performed marriage on 22.02.2014 (P-3).The petitioners are major as the date of birth of petitioner No.1 is 20.06.1990 and petitioner No.2 is 09.03.1990 (Annexure P-1 Arora Gaurav 2014.03.06 16:35 I attest to the accuracy and integrity of this document CWP No.4161 of 2014 (O&M) -2- and P-2 respectively).They have performed marriage on 22.02.2014 and marriage certificate dated 24.02.2014 issued by Divine Gurdwara Shri Guru Dashmesh Garh Sahib, Village Paili, Distt.
Shaheed Bhagat Singh Nagar is Annexure P-3.
Thereafter, the petitioner appeared before respondent No.2 with regard to registration of their marriage along with complete registration file and witnesses.
However, respondent No.2 did not register the marriage of the petitioners and asked them to come along with parents of petitioner No.1.
The parents of petitioner No.1 is residing in Canada.
Copy of the application submitted by the petitioners for registration of their marriage is Annexure P-5.
As per Rule 5 and 6 of the Hindu Marriage (Punjab) Registration Rules, 1960, after registration 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.
At this point of time, learned counsel for the petitioner has made reference to a judgment passed by this Court in a case of Sukhwinder Kaur and another versus State of Punjab and otheRs.passed in CWP No.12427 of 2013, decided on 30.05.2013 wherein this Court has referred to the judgment passed by Hon'ble the Supreme Court in a case of Seema versus Ashwani Kumar 2006(1) RCR (Crl.) 263 and judgment passed by this Court in a case of Aarti Singh versus Chief Arora Gaurav 2014.03.06 16:35 I attest to the accuracy and integrity of this document CWP No.4161 of 2014 (O&M) -3- Registrar under Registration of Marriage Act, Haryana, Chandigarh and otheRs.(CWP No.2480 of 2011.
In Sukhwinder Kaur's case (supra).the 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.
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 extracted below:- “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 non- registration 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.
Arora Gaurav 2014.03.06 16:35 I attest to the accuracy and integrity of this document CWP No.4161 of 2014 (O&M) -4- 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.”
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The object of directions issued by Hon'ble the Supreme Court is for the benefiting the society at large which is riled with serious litigation on account of marriages being performed by desirous persons without parental consent.
It also erases serious friction in the society on account of inter-religious and inter case marriages.
The reasons adopted by the respondent No.2 that the presence of parents of petitioner No.1 is a must for registration of marriage, if accepted would just defeat the very intent of the intended benefit of the directions given by Hon'ble the 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.
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.”
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Arora Gaurav 2014.03.06 16:35 I attest to the accuracy and integrity of this document CWP No.4161 of 2014 (O&M) -5- In view of the above position, the instant writ petiton is allowed with a direction to respondent No.2 to register the marriage of the petitioners forthwith.
(RITU BAHRI) JUDGE March 05, 2014 G Arora Arora Gaurav 2014.03.06 16:35 I attest to the accuracy and integrity of this document