Marriage violating age limit norm not void: High Court

Saurabh Malik

Tribune News Service

Chandigarh, June 15

Deepak Kumar has been looking forward to get his marriage registered for the past six months and the wait is finally over. Married almost five years back, the father of two was told that he was less than 21 years old when his wedding was arranged.

Taking up his case, the Punjab and Haryana High Court now ruled that a marriage solemnised in violation of age restriction was legal and there was no bar to its registration. The Bench reiterated that such marriage was voidable, but not void. Voidable is capable of being voided. The term denotes a valid and binding contract unless avoided or declared void by a party. Void, on the other hand, is not valid or legally binding.

In their petition for registration of marriage, Deepak and his wife had contended that they tied the knot in November 2015 after their marriage was arranged by their families. Two children were also born. An application for registration of marriage was filed in November 2019, but it was not registered till date.

Appearing before Justice Sudhir Mittal’s Bench, the petitioners’ counsel submitted that Deepak was less than 21 years old at that time. As such, there was a violation of Section 5 of the Hindu Marriage Act, 1955. Referring to other provisions of the Act, he contended that the marriage was only voidable. Neither of the parties had sought to avoid their marriage. As such, there was no legal bar to its registration.

Justice Mittal observed that the matter was adjourned from time to time to enable the state counsel to get instructions, but he was seeking time once again without valid reason for acceptance of his request.

“A perusal of the Hindu Marriage Act, 1955, shows that in case a marriage has been solemnised 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,” Justice Mittal asserted.

Allowing the petition, Justice Mittal directed the respondents to ensure that the marriage was registered in two weeks. The High Court, in a judgement on a similar issue, had earlier asserted that the mere fact that the groom was not of marriageable age would not deprive the petitioners of their fundamental right to seek protection.

Referring to Section 5, the High Court had asserted that the bridegroom must be aged above 21 years and the bride above 18 years. But Section 11 precluded a marriage solemnised in contravention of sub-section (iii) of Section 5 from the purview of being regarded as void or invalid.

‘No bar on registration’

According to Justice Sudhir Mittal of the Punjab and Haryana High Court, “A perusal of the Hindu Marriage Act, 1955, shows that in case a marriage has been solemnised 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.”