November 11, 2021 9:40:23 pm
The Delhi High Court Thursday asked the Delhi government and SDM Alipur to respond to a couple’s petition seeking registration of their marriage that took place more than 40 years back. The court was told that software for registering the marriages did not accept the couple’s application as they were underage on the day of marriage in May 1981.
Justice Rekha Palli, while issuing notice to the authorities, listed the case for hearing on December 23. The couple have sought registration of marriage under the Special Marriage Act and also for waiving off the requirement of issuance of public notice of 30 days.
“The petitioners fulfil all the conditions for registration of marriage as prescribed in Section 15 of the Special Marriage Act, 1954 as they completed the age of 21 years at the time of registration and the marriage of the petitioners was conducted on 28-05-1981 as per the Hindu Vedic rites and ceremonies,” the counsel representing the couple told the court.
The man was below 21 years of age and the woman was below the age of 18 years when the marriage was performed in 1981, as per the petition. However, since the day of marriage, they have been running their family as wife and husband and also have four children.
In a similar matter, the court in March 2019 held that a couple under the Special Marriage Act are required to have completed the age of 21 years at the time of registration of marriage and not at the time of the solemnisation of marriage. Justice Vibhu Bakhru in the order had also noted that the Divisional Commissioner shall ensure that the software in question is duly rectified. The court on Thursday was told that the authorities have not yet rectified the software.
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