Delhi High Court issues Notice to Register 40 years old Marriage

Delhi High Court Registration of Marriage Underaged

Shivani Gadhavi-

Published On: November 12, 2021 at 17:32 IST

The Delhi High Court issued a notice on November 11, 2021, on a plea filed by a couple for Registration of their Marriage after 40 years.

The Marriage of the couple was not registered at the time of the official marriage- 40 years ago, as they were Under-Aged in 1981.

Justice Rekha Palli of the Delhi High Court directed the relevant Authorities i.e. the District Magistrate of North West Delhi for a response on the matter and then informed them that the Hearing is listed for further discussions to December 23, 2021.

The Petitioners filed the Plea for a response by the District Magistrate of North West Delhi in the matter of their Marriage’s Registration, which was unaccepted by the software system in 1981 because of the husband being of below 21 years of age and the wife being under the age of 18 years.

The Plea was filed under Section 15 of the Special Marriage Act, 1954 and the Petitioners also requested for in consideration of the Rule that a 30-day prior notice is required for the Registration of a Marriage.

The Complainants also mentioned that they both now have four children without their marriage being Registered, which could be of Hindrance in their children’s future.

The Petitioners stated that their Marriage not getting registered in the system is a Violation of their Fundamental Rights under Articles 14, 16, and 21 of the Constitution of India.

The Court stated, “I find that the question as to whether personal appearance for the purpose of seeking registration of marriage would include VC as already considered not only by this Court but by other High Courts also.”

The Court ordered on a similar Case that a video conference for the appearance of a couple seeking Registration of their marriage would be necessary for the Trial.

Also Read: Delhi High Court- Marriage Registration can be done via Video Conferencing

Registration of Marriage: P&H HC permits via video conferencing

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