C.W.P. No.18230 of 2011 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.18230 of 2011 Date of Decision.03.10.2011 Bhupinder Singh son of Amarjit Singh resident of VPO Cholang, Distt. Jalandhar .....Petitioner Versus State of Punjab being represented through Secretary, Home Department, Punjab Civil Secretariat, Punjab, Chandigarh and others .....Respondents Present: Mr. Sandeep Arora, Advocate for the petitioner. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? No 2. To be referred to the Reporters or not ? No 3. Whether the judgment should be reported in the Digest? No -.- K. KANNAN J.(ORAL) 1. Notice of motion. 2. At the asking of Court, Mr. S.S. Sahu, AAG, Punjab accepts notice. Learned counsel for the petitioner will supply a copy of writ petition to the State counsel for proper communication of the order. 3. Having regard to the nature of order, I have proceeded to dispose of the writ petition itself. The application filed before the Registrar of Marriage under the Hindu Marriage Act was refused on the ground that at the time of marriage, the petitioner was still a minor. On the basis of records, it is contended that both the spouses have crossed the age of minority now. Learned counsel appearing for the petitioner would refer to the provisions of Hindu Marriage (Punjab) Registration Rules, 1960, which allows for application for registration even when one of the parties is minor and when it could be presented through guardian. C.W.P. No.18230 of 2011 -2- The provisions reads as follows:- “5. Application of registration. A party to a Hindu marriage which has been solemnized, or the guardian of such party may apply in the form specified in Schedule A for registration of the marriage, to the Registrar for the local area in which the marriage was solemnized or in which the applicant resides: Provided that in the case of a minor, the application shall be made in this behalf by the guardian.” 4. If the petition could have been presented even at the instance of a guardian for minor during the minority, the spouse, who was actually attained the age of majority could present a petition along with the other spouse and seek for registration. There is no prohibition in law against the grant of such registration. The impugned order refusing registration is quashed and I direct the Registrar to receive the application and order registration provided all the documents which are necessary for consideration at the time of registration are filed before the authority. 5. The writ petition is disposed of. (K. KANNAN) JUDGE October 03, 2011 Pankaj*