Latest News
Back
A MARRIAGE IN VIOLATION OF THE MINIMUM AGE CRITERIA UNDER HINDU MARRIAGE ACT IS VOIDABLE AND NOT VOID : PUNJAB AND HARYANA HIGH COURT
The Punjab and Haryana High Court on Monday has held that in case of marriages which have been solemnized without giving regard to the minimum age criteria as laid down under the Section 5 of the Hindu Marriage Act, 1955, such marriages are voidable at the option of the parties and not void under the law. An application was filed for the registration of a marriage which took place between two Hindus in the year 2015, and at that time the husband was not of the marriageable age, which is 21 years as per Section 5(iii) of the Hindu Marriage Act.
The application for registration was moved in the year 2019 and this was done because at that point both the parties reached the marriageable age, while earlier in 2015 they had conducted the marriage in clear violation of age restrictions under Section 5 of HMA.
Justice Sudhir Mittal gave the view that “A perusal of the Hindu Marriage Act, 1955, shows that in case, marriage has been solemnized in violation of the age restriction laid down therein, the marriage is only voidable. However, neither of the parties has sought annulment of the marriage. In fact, the parties are seeking to register their marriage. In law, the marriage is legal and there is no bar to its registration” Thus, the Court observed that none of the parties have sought annulment of the marriage and this was also a plea of the petitioners and as they were rather praying for the registration of the marriage. Thus, the Court allowed it to be registered.
The Court cited the case of Baljit Kaur Boparai v. State of Punjab & Anr., 2008 (3) RCR (Civil) 109 and said that the law was clearly laid down by this case, thus, Court gave assent to the application for registration to be accepted as both the parties were now mature.
The Court also observed that registration of marriages hold an important value with regard to evidence in case of custody of children, rights of children, etc. and thus where both the parties have attained the age of 21 years and sought the registration, such registration has to be accepted.
Under the HMA as well it has been provided under the Section 11 that a violation of Section 5(iii) would not render the marriage as void and even under the Prohibition of Child Marriage Act, a marriage which has been solemnized where none of the parties were of the marriageable age were not held as invalid and that was also in the hands of the child who had been subjected to such a marriage, to get the marriage held voidable if only he/she wishes and no one else can do that at his/her place.
