Civil Writ Petition No.5661 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.5661 of 2009 Date of decision:09.09.2009. Kamaljeet Kaur Dhaliwal @ Kamaljeet Kaur Maan ...Petitioner Versus State of Punjab and another ...Respondents CORAM: HON'BLE MR. JUSTICE JASBIR SINGH Present: Mr. G.S.Jaswal, Advocate, for the petitioner. Mr. Manohar Lal, Additional Advocate General, Punjab, for the respondents. ***** JASBIR SINGH, J. (ORAL). This writ petition has been filed with a prayer to quash order dated 01.03.20007 (P-5) vide which application of the petitioner, for registration of her marriage, was rejected. When notice of motion was issued, following order was passed on 05.08.2009: - “Cites Baljit Kaur Boparai and another Vs. State of Punjab and another, 2008(3) RCR (Civil) 109, to contend that after marriage on attaining the age, as per provisions of the Hindu Marriage Act, authorities are bound to register the marriage. Notice of motion to the respondents for September 4, 2009. Dasti also.” As per the admitted facts, marriage of the petitioner was solemnized with Jasjit Singh Dhaliwal on 15.02.2007. At the time of Civil Writ Petition No.5661 of 2009 -2- marriage, age of bridegroom was less than 21 years. Petitioner filed an application for registration of the marriage, which was rejected on the ground that Jasjit Singh Dhaliwal, husband of the petitioner, was not 21 years of age when that application was moved. When Jasjit Singh Dhaliwal completed 21 years of age, second application was filed, which was not received in the office of competent officer. It is not in dispute that as on today Jasjit Singh Dhaliwal, husband of the petitioner, is more than the mandatory age required under the provisions of the Hindu Marriage Act, 1955. Under similar circumstances, a Division Bench of this Court in Baljit Kaur Boparai and another Vs. State of Punjab and another, 2008(3) RCR (Civil) 109, where the marriage was not registered on account of condition of age, permitted the parties to move a fresh application for registration of marriage and it was observed as under: - “7. After hearing learned counsel for the parties, we are of the view that the modified prayer made by the learned counsel for the petitioners deserves to be accepted. As per Section 15 of the Special Marriage Act, 1954, any marriage may be registered by a marriage officer provided certain specified conditions are fulfilled. Section 15 of the Special Marriage Act, 1954 lays down the following conditions: - “(a) a ceremony of marriage has been performed between the parties and they have been living together as husband and wife ever since; (b) neither party has at the time of registration more than one spouse living; (c) neither party is an idiot or a lunatic at the time of Civil Writ Petition No.5661 of 2009 -3- registration; (d) the parties have completed the age of twenty-one years at the time of registration; (e) the parties are not within the degrees of prohibited relationship: Provided that in the case of a marriage celebrated before the commencement of this Act, this condition shall be subject to any law, custom or usage having the force of law governing each of them which permits of a marriage between the two; and (f) the parties have been residing within the district of the Marriage Officer for a period of not less than thirty days immediately preceding the date on which the application is made to him for registration of the marriage.” (Emphasis added) 8. A perusal of the aforementioned conditions makes ti obvious that the parties are required to have completed the age of 21 years at the time of registration of their marriage. Therefore, the prayer made by the petitioner that a new application shall be filed on or after 27.05.2008 for registration of petitioners' marriage, deserves to be accepted. Accordingly, a direction deserves to be issued to respondent No.2 to register the marriage of the petitioners, if any such application is made on or after 27.05.2008. 9. The aforementioned course has been adopted for the reason that the compulsory registration of marriages is to be encouraged albeit within the four corners of law.” Civil Writ Petition No.5661 of 2009 -4- This Court is of the opinion that the present case is squarely covered by ratio of the judgment in Baljit Kaur Boparai's case (supra). In view of facts stated above, this writ petition is allowed. The petitioner is permitted to file fresh application, for registration of marriage, before respondent No.2. On application made, the marriage be registered forthwith, if there is no other legal impediment. Disposed of. September 09, 2009 (JASBIR SINGH) vinod* JUDGE