The High Court directed the State to register the petitioner's marriage after holding that parental presence is not a legal requirement for marriage registration.
Writ petition disposed of; respondents directed to register the petitioner's marriage.
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CWP No.6328 of 2012
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No.6328 of 2012 Date of decision: May 15, 2012
Harpreet Kaur
… Petitioner
Versus
State of Punjab and another
… Respondents
CORAM: HON’BLE MR. JUSTICE MAHESH GROVER
Present: Mr. Manish Soni, Advocate
for the petitioner.
Mr. Jaswinder Singh, DAG, Punjab for the State.
Mahesh Grover, J. (Oral)
The petitioner prays that her marriage with one Amandeep Singh be got registered, which has been declined only on the ground that the parents were not present at the time of registration of the marriage.
Learned counsel for the petitioner contends that there is no such provision in the law, which warrants presence of the parents for the purposes of registration of the marriage. He has referred to Annexure P-5 as one of the decision rendered by this Court in similar circumstances whereby such reasoning adopted by the authorities, was negated and directions were given to issue the marriage certificate, in accordance with law.
On due consideration of the matter, I am of the opinion that the instant petition can be disposed of without the assistance of the reply of the respondents, considering that the matter is now squarely covered by the
CWP No.6328 of 2012
2
decision rendered in CWP No.21256 of 2010 decided on 30.11.2010 (Mandeep Kaur Vs. State of Punjab and others) and also considering the nature of the controversy involved.
Accordingly, the instant writ petition is disposed of in the same terms as in the judgement rendered by this Court in CWP No.21256 of 2010 decided on 30.11.2010 (Annexure P-5) and the respondents are directed to register the marriage of the petitioner, in accordance with law. The husband of the petitioner is reported to be residing abroad. Consequently, this fact should be taken into consideration by the competent authority, who shall then resort to the process as is envisaged in law in these circumstances.
Writ Petition stands disposed of.
(MAHESH GROVER) JUDGE
May 15, 2012 sk
2 issues framed by the court
Whether the registration of a marriage requires the presence of parents.
Whether a marriage certificate should be issued despite the absence of parents at registration.
Colour shows how this judgement treated each authority
Mandeep Kaur Vs. State of Punjab and othersFollowed¶21
CWP No.21256 of 2010 decided on 30.11.2010
Harpreet Kaur
State of Punjab
Mahesh Grover
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
