M.M.KUMAR,J - (1.) IN Seema v. Ashwani Kumar, 2006(1) RCR(Criminal) 963 : 2006(1) RCR(Civil) 643 : 2006(1) Apex Criminal 359 : (2006)2 SCC 578 Hon'ble the Supreme Court has issued comprehensive directions to the States and the Central Government to take various steps for making the registration of marriages of persons belonging to all religions as compulsory. The reason for issuance of such directions have been recorded in para 15 of the judgment. It has been pointed out that if the record of marriage is kept then, to a large extent, the disputes concerning solemnization of marriages between two persons, are avoided. It would also rescue the woman because non-registration of marriages affects the woman to a greater measure. Registration of marriage furnishes evidence of marriage having been taken place and would provide a rebuttable presumption to that effect. The registration of marriage has a great evidentiary value in the matter of custody of children, right of children born from the wedlock of two person s whose marriage is registered and the age of parties to the marriage. It was for all the aforementioned reasons that Hon'ble the Supreme Court found it in the interest of the society if marriages are made compulsorily registrable. The clue for such a registration has also been provided by Section 8 of the Hindu Marriage Act, 1955 (for brevity 'the Act') when it uses the expression 'for the purpose of facilitating the proof of Hindu marriage'. It was for the aforementioned reason that in para 18, Hon'ble the Supreme Court has issued the following directions :- (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. (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."
(2.) THE aforementioned directions have not yet been complied with by States of Punjab and Haryana as is evident from the judgment of Hon'ble the Supreme Court in Seema v. Ashwani, (2008)1 SCC 180. The matter is pending and being monitored by Hon'ble the Supreme Court. Be that as it may. We have pre-faced this judgment with the aforementioned observation because the prayer made by the petitioners in the instant petition is that a direction be issued to the Registrar of Marriages-cum-Tehsildar, Garhshankar-respondent No. 2 to register their marriage under the Act. Petitioner No. 1-Baljit Kaur Boparai is 21 years old as she was born on 28.2.1986. Petitioner No. 2 is to attain the age of 21 years on 27.5.2008 as his date of birth is 28.5.1987. The petitioners are stated to have solemnized their marriage on 20.1.2008 by performing Anand Karaj Ceremony as per Sikh rites. It was an arranged marriage and solemnized with the consent of their parents. A photocopies of each of birth certificates as well as marriage certificate have been placed on record (Annexures P-1 to P-3). It is further case of the petitioners that petitioner No. 1 studied up to Graduation level and she has also qualified 'IELTS' examination, which makes her eligible to study abroad i.e. Australia. She has taken admission in Unique International College, Level 1, 60 South Street Granville, NSW Australia and classes are to commence from 31.3.2008. Petitioner No. 2- Parminder Singh has studied up to 10+2 standard and has acquired skill in Computer Application Course. He has to accompany his wife to Australia. The necessary certificates showing the admission and passing of IELTS examination have been placed on record (Annexures P-4 to P-6).
(3.) BOTH of them applied to the Registrar of Marriages-cum-Tehsildar, Garhshankar-respondent No. 2 for registration of their marriage. However, he has refused to register the marriage of the petitioners only on the ground that petitioner No. 2 has not completed 21 years of age. As already noticed, petitioner No. 2 would attain the age of 21 years on 27.5.2008. The petitioners have claimed that they are major and their marriage is not void as per the Act.;