The Himachal Pradesh High Court recently underscored that children should not be denied birth registration solely because they were born from an unregistered or legally invalid marriage.
Justice Jyotsna Rewal Dua emphasized that a child’s birth must be considered separately from the legal standing of the parents' relationship, even if the union lacks formal recognition.
“The relationship between the parents may not be sanctioned by law but the birth of a child in such relationship has to be viewed independently of the relationship of the parents. A child born in such relationship is innocent and is entitled to all the rights which are given to other children born in valid marriage. This is the crux of the amendment in Section16(3) of the Hindu Marriage Act," the Court said in its October 17 order.
The Himachal Pradesh High Court recently emphasized that children’s birth registrations should not be withheld simply because they were born from an unregistered or legally invalid marriage, recognizing their inherent right to legal acknowledgment as living beings.
Justice Jyotsna Rewal Dua was addressing a petition filed by a woman for her three minor children. According to their counsel, the woman and her partner had been living as husband and wife since their marriage ceremony in 2011. However, the union remained unregistered, as the man’s first wife, though in poor health and consenting to the second marriage, was still legally married to him. Consequently, the marriage could not meet the requirements of Section 4(a) of the Special Marriage Act, 1954, which bars individuals from marrying if they have a living spouse.
Due to the unregistered nature of the union, local authorities declined to record the births of the children in the Panchayat’s Birth and Pariwar (family) Registers. The Court disagreed with this stance, asserting that children from even legally invalid unions have a right to be recognized in the eyes of the law.
Justice Dua further noted that Section 16(3) of the Hindu Marriage Act explicitly recognizes that children born from null or void marriages are deemed legitimate. Additionally, the Court found no prohibitions in the Special Marriage Act or Himachal Pradesh Panchayati Raj General Rules against including children of unregistered unions in birth or family records.
Significantly, the Court observed that the man’s first wife had no objection to including the children’s names in official records. In light of this, the Court directed that the children’s names be recorded in the Panchayat records.
"The objection of the respondents that since the marriage between the parents of the petitioners cannot be registered in view of provisions of Section 4(a) of the Special Marriage Act and on that count names of the petitioners cannot be entered in the Panchayat Record is clearly misconceived and violates the import of Section 16(1) of the Hindu Marriage Act," the Court said.
Advocate Divya Raj Singh appeared for the petitioners.
Additional Advocates General Dalip K Sharma and Amandeep Sharma represented the State of Himachal Pradesh and other State authorities.
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