DEEPAK KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This writ petition has been filed with a prayer for directions to respondents No.3 and 4 to register their marriage.

(2.) The petitioners got married on 20.11.2015. The marriage was arranged by their respective families. Meanwhile, two children have been born out of the wedlock. On 18.11.2019, an application for registration of their marriage was filed, but their marriage has still not been registered till date.

(3.) Learned counsel for the petitioners submits that petitioner No.l, namely, Deepak Kumar, was less than 21 years of age on the date of the marriage and thus, there was a violation of Section 5 of the Hindu Marriage Act, 1955. However, in view of Sections 11 and 12 of the said Act, the marriage was only voidable. Neither of the parties has sought to avoid their marriage and thus, there is no legal bar in registration of the same. The case is, in fact, covered by Baljit Kaur Boprai Vs. State of Punjab and another, 2008 (3) RCR (Civil) 109 as well as Jyoti and another Vs. State of Haryana and others, 2019 (4) RCR (Civil) 577. Learned State counsel is not in a position to controvert the submissions made by learned counsel for the petitioners.