SONIA GIRI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners seek a direction for registration of their marriage.

(2.) The petitioners' grievance is that the Registering Officer-respondent No.2, requires the concurrence of the parents of both the parties to the marriage for purposes of registration. Since they have married against the wishes of the parents of petitioner No.1, the contention in the writ petition is that, it will not be possible to secure their presence or concurrence. The insistence for adopting such a course by the Registering Officer is not in accordance with law.

(3.) The facts of the case reveal that the petitioners entered matrimony on 12.12.2011 under Sikh rites and ceremonies at Gurudwara Bunga Sahib, Panth Budha Dal, Majari Chownk, Sector-2, Panchkula. The marriage was performed against the wishes of the parents of petitioner No.1-wife. According to the petitioners, they fulfill all the legal requirements as to their entitlement for registration of marriage but the marriage registration file has not been accepted by respondent No.2 on the pretext that presence of parents of petitioner No.1-wife is also required. The Supreme Court in the case titled as Seema Vs. Ashwani Kumar, 2006 1 RCR(Cri) 963 has issued comprehensive directions to all the States and the Central Government to take necessary steps for making registration of marriages of persons belonging to all religions as a compulsory step. For the purposes of reference, relevant portion of the judgment is extracted below:-