Smt. Prem Lata Singh & Another vs State Of U.P. & 3 Others
2015 Latest Caselaw 2694 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?AFR
 
Court No. - 38
 

 
Case :- WRIT - C No. - 49843 of 2015
 

 
Petitioner :- Smt. Prem Lata Singh & Another
 
Respondent :- State Of U.P. & 3 Others
 
Counsel for Petitioner :- Bindu Kumari
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Mithal,J.

The petitioners have invoked the writ jurisdiction of the Court seeking a direction upon the respondents not to create any hindrance in their peaceful matrimonial life.

It is alleged that both the petitioners are of marriageable age and have married of their own free will. They have also got their marriage registered but even then respondent No.4 who is not happy with their marriage with the help of the police is causing disturbance in their married life.

The petitioners in support of the petition have filed marriage certificate dated 24.8.2015 issued by the Registrar, Hindu Marriage, Dudhi, district Sonbhadra. The petitioners have also annexed the certificate-cum-mark-sheet of the petitioner No.2 of the High School of the Board of Secondary Education, Raipur, Chhattisgarh which mentions his date of birth as 17.1.1995.

The Hindu Marriage Act, 1956 provides for a minimum age of 21 years for a bridegroom and 18 years for the bride for the purposes of marriage.

The High School certificate of the petitioner No.2 discloses that he had not completed 21 years of age on the date of marriage or its registration and, therefore, marriage could not have been registered.

Learned Standing Counsel was directed to seek instructions and to produce the record relating to registration of the aforesaid marriage.

In pursuance of the said direction, he has produced the entire record relating to the registration of the above marriage. The record reveals that application for registration of the marriage was made by the petitioners before the Registrar, Hindu Marriage, Dudhi, district Sonbhadra on 24.8.2005. The application states that petitioner No.2 is aged 21 years. In support of the age proof it contains his Adhar Card mentioning his date of birth as 17.1.1994. The record also contains a copy of the marriage invitation card stating that the marriage of the petitioners would be solemnized on 2.3.2015.

The Hindu Marriage Act does not make registration of marriages compulsory though Section 8(2) of the Act provides that the State Governments may make rules for compulsory registration of Hindu marriages. The Apex Court in  (2006) 2 SCC 578 and (2008) 1 SCC 180 Seema (Smt) Vs. Ashwani Kumar had issued directions for compulsory registration of all marriages.

In the State of U.P., a set of Rules known as the U.P. Hindu Marriage Registration Rules, 1973 have been framed under Section 8 of the Act.

Rule 4 of the said Rules, 1973 provides for registration of marriages. It provides that an application for registration of marriage shall be made accompanied by a certificate of a Member of Parliament, Member of State Legislature, Gazette Officer, Pradhan of a Gaon Sabha, Sarpanch of a Nayay Panchayat, Pramukh of a Kshettra Samiti or the President of any other Local Body.

The record reveals that the application of the petitioners for the registration of the marriage was not accompanied by the certificate of any of the above authorities and that it fails to contain an authentic age proof of the petitioner No.2 except for the Adhar Card.

The Registrar in registering the marriage has not cared to see that the application was incomplete and that it does not contain the primary documents of proof of the age namely, the birth certificate or the High School certificate.

In India, The Registration of Births and Deaths Act, 1969 vide Section 8 of the Act provides for compulsory registration of births and deaths and it casts an obligation upon the head of the house or the oldest adult male person present at the time of death or birth to give or cause to be given the information of a death or birth in the family to the District Registrar.

The District Registrars, the Chief Registrars and Registrar General of India are supposed to keep the register of births and deaths and the record thereof duly maintained. The Registrars under the Act are public servants and are empowered to supply certified copies of the extract of the registers which would be admissible in evidence for the purposes of proving birth or death as the case may be.

In view of the above, the extract of the register of birth concerning the person is the basic and the most authentic document to prove his date of birth unless rebutted.

The second best document to prove the age of any person is his High School certificate.

It is only in the absence of the above two documents that the authorities can fall upon any other document to ascertain the age of any person, but the insistence should be on the birth certificate or the High School certificate.

The Court is noting the general trend of authorities in relying upon secondary documents other than birth certificates and High School certificates  as proofs of date of birth which is not proper in view of the mandatory nature of registration of births.

In view of the above situation, to ensure strict compliance of the Registration of Births and Deaths Act, 1969, the Court would appreciate if the Chief Secretary, Home, Government of U.P. issues a circular directing all public servants throughout the State to ensure that the primary documents of birth i.e. birth certificate or in its absence the High School certificates are insisted to be produced in proof of age and it only on their satisfaction that the person concern is not educated up to High School and has otherwise not been able to get his birth registered that they may rely upon other documents which may prove the age or date of birth of the person concern.

The Registrar in this case has not insisted for production of the birth certificate or the high school certificate. He has simply relied upon the Adhar Card without satisfying about the availability or non availability of the two primary documents of proof of age.

In view of the aforesaid facts and circumstances, the registration of marriage of the petitioners appears to be not in consonance with the provisions of the Rules as the registration was done without insisting for proof of age of the petitioner No.2, specially his birth certificate or high school certificate and for the reason that the application was incomplete as it was not accompanied by the certificate as contemplated by Rule 4(3) of the Rules.

In view of the aforesaid facts and circumstances, the Registrar, Hindu Marriage, Duddhi, district Sonbhadra is directed to initiate proceedings for revocation/cancellation of the marriage certificate issued to the petitioners.

However, till the certificate is revoked or cancelled or the proceedings thereof are brought to a logical end, as the petitioners have allegedly married and the marriage is registered, the concerned police authorities are directed not to torture or disturb the life of the petitioners in any manner, specially at the behest of respondent No.4, rather it is incumbent upon them to ensure that their life is not disturbed by any person.

Let a copy of this order be sent to the Chief Secretary, Home, U.P. The record as produced by the Standing Counsel is directed to be returned.

The writ petition is disposed of with the above directions.

Order Date :- 28.9.2015

Brijesh