CHARANJIT KAUR NAGI Vs. GOVT OF N C TOF DELHI
HIGH COURT OF DELHI
CHARANJIT KAUR NAGI
GOVT. OF N.C.T.OF DELHI
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S.Ravindra Bhat, J. -
(1.) Issue rule. Mr. J.R.Midha, learned counsel waives notice of rule. With consent of counsel for the parties the matter was heard for disposal.
(2.) The petitioner is aggrieved by the inaction/refusal of the respondent to take cognizance the request to register her marriage with Shri Jaspal Singh.
(3.) The brief facts are that the petitioner claims to have got married with Shri Jaspal Singh on 21.4.1991. It is claimed that the couple then lived together. A son was born out of the wedlock on 9.2.1996. This was duly recorded under the Registration of Births and Deaths Act by the local authority i.e. the Municipal Corporation of Delhi (MCD). The petitioner's husband apparently went to the United States of America and after living there for quite sometime, was issued a green card in 2002. That led later to issuance of a permanent resident status in February, 2004 by Immigration and Naturalisation Service of America. The petitioner applied for an immigration visa. The US Authorities after interviewing her asked her to produce a marriage certificate. Since the marriage was admittedly unregistered she approached the respondents. The Registrar of Marriage, i.e. the second respondent declined to take any action on the ground that in terms of Section 8 of the Hindu Marriage Act 1956, the applicant and her spouse had to appear before the Registering Officer and also satisfy him that the marriage was indeed solemnized as claimed, besides affixing their signatures in his presence, in the Register.;
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