The Punjab and Haryana High Court on August 10, observed that decline to register a marriage on the ground that the man was of 18 years of age at the time of marriage is a clear violation of settled position of law.
The plea filed by a couple of marriageable age having one child informed the Court that their marriage was not being registered by the competent authority because at the time of marriage, the age of the bridegroom was 18 years.
Reference is made to a decision dated 28.03.2008, titled Baljit Kaur Boparai and another Vs. State of Punjab and another decision dated 04.09.2019, titled Jyoti and another Vs. State of Haryana and others .
In the Baljit Kaur Boparai case the High Court had directed the Registrar of Marriages that it shall not refuse to register the marriage on the ground that the couple had solemnized their marriage when one of the spouses was less than 21 years of age.
A single judge bench comprising of Justice Lisa Gill observed that the “Said action, it is stated, is clearly violative of the settled position of law,”
The Court issued notice to the State of Haryana and concerned authorities while adjourning the matter till August 28.