Court holds that registration of marriages involving minors without proper age verification is serious failure of statutory duty; mandates implementation of safeguards and online flagging mechanisms
In a significant judgment addressing the rampant registration of child marriages, the Allahabad High Court has issued comprehensive directions to Marriage Registration Authorities in Uttar Pradesh to strictly verify the age of both parties before registering any marriage. The judgment, delivered by Justice Tej Pratap Tiwari in Criminal Appeal No. 12251 of 2025, emphasizes that marriage registration cannot be treated as a mechanical exercise but requires rigorous verification and accountability.
Background of the Case
The case originated from a criminal appeal filed by Deepak Pal against a Sessions Court judgment wherein he was convicted of offences including abduction, kidnapping, and rape under the Indian Penal Code as well as the Protection of Children from Sexual Offences (POCSO) Act, 2012. The appellant's defense was that the victim was a major aged about 19 years and had voluntarily solemnized marriage with him, with the marriage subsequently registered. However, the trial court had determined through evidence that the victim was a minor at the time of the alleged incident.
Critical Judicial Observations
Upon examining the matter, the Court summoned the Marriage Registration Officer and the In-charge of the registration office to explain how the marriage of a minor girl had been registered. The weak response from the officials, stating they had no knowledge of how the minor's marriage was registered, indicated a serious failure in supervision, verification, and accountability. The Court found no material on record demonstrating that any age verification was undertaken before registration.
Justice Tiwari observed that such instances of child marriage registration are not isolated but appear to be recurring, raising serious questions about whether Marriage Registration Officers are discharging their statutory responsibilities with the required care, vigilance, and scrutiny.
Legal Framework and Statutory Obligations
The Court highlighted that under the Prohibition of Child Marriage Act, 2006, Section 2(a) defines a "child" as a female who has not completed eighteen years of age and a male who has not completed twenty-one years. The statutory prohibition against child marriage would be rendered ineffective if marriages involving children are mechanically registered without proper age verification.
The judgment extensively referred to the Supreme Court decision in Seema v. Ashwani Kumar (2006) 2 SCC 578, which established that marriage registration, though not determinative of valid marriage per se, has significant evidentiary value for matters of custody, children's rights, and the age of parties to marriage.
Key Findings on Registration Officer's Duties
The Court emphasized that registration of marriage is not a ministerial exercise. The certificate issued constitutes an official record of important civil status and may be relied upon for various legal, civil, and administrative purposes. The verification of age is not discretionary or merely procedural but an express safeguard that must be strictly followed.
Reference was made to the circular issued by the Inspector General of Registration, Uttar Pradesh (Letter No. 3375/3-A/Sc dated 10.10.2024), which prescribes uniform procedures including online verification through DigiLocker, Board of Secondary Education portals, birth certificates, passports, driving licenses, and PAN records. The Court noted that non-compliance with these prescribed safeguards cannot be treated as a clerical lapse but constitutes a failure of statutory responsibility.
Broader Policy Implications
The judgment highlighted Law Commission Reports No. 205 and 270, which recognize the importance of compulsory marriage registration in creating authentic and reliable records. The Court observed that if basic registration data is inaccurate due to child marriages being registered without proper verification, the statistical picture generated for demographic and policy planning would be deficient, hampering the State's ability to assess the magnitude of the child marriage problem and devise effective preventive measures.
Substantive Directions Issued
The Court has issued several landmark directions:
- 1. Mandatory Age Verification: Marriage Registration Authorities shall not register any marriage where either party was a child as defined under Section 2(a) of the Prohibition of Child Marriage Act, 2006.
- 2. Verification Process: Before registration, the registering authority must mandatorily satisfy itself, based on reliable documentary evidence and prescribed verification mechanisms, regarding the age of both parties as on the date of solemnization.
- 3. Referral Mechanism: If materials disclose that either party was below the statutory age, the application shall not be processed as routine registration but must be immediately brought to the notice of the Child Marriage Prohibition Officer and competent District authority for appropriate legal action.
- 4. Online System Enhancement: The State Government must incorporate an appropriate mechanism in the online marriage registration system to flag applications requiring age verification and prevent registration without completion of such verification.
- 5. Compliance Instructions: The Principal Secretary, Stamp and Registration Department, must issue necessary instructions and Standard Operating Procedures (SOPs) to all Marriage Registration Authorities ensuring strict compliance with the Prohibition of Child Marriage Act, 2006.
- 6. Compliance Report: A compliance report must be submitted by September 30, 2026.
Important Clarification
The Court clarified that its directions should not be construed as declaring every child marriage void ab initio. The legal consequences of child marriages are governed by Sections 3 and 12 of the Prohibition of Child Marriage Act, 2006, and registering authorities must act strictly in accordance with the statutory scheme.
Significance of the Judgment
This judgment represents a watershed moment in marriage registration jurisprudence in India. It establishes that Marriage Registration Officers cannot hide behind the guise of mechanical registration to facilitate child marriages. The judgment strengthens the protective framework for minors and underscores the critical role of registration offices in preventing child marriage exploitation. By mandating online flagging mechanisms and strict verification procedures, the Court has attempted to create a robust system that makes it difficult for child marriages to slip through the registration system undetected.
The judgment also holds individual officers accountable, making it clear that non-compliance with verification procedures cannot be dismissed as minor irregularities but constitute serious dereliction of statutory duty.
Bottom Line:
Registration of marriage involving a minor without proper verification of age is a failure of the statutory responsibilities of the Marriage Registration Officer. Safeguards must be strictly followed to prevent child marriages.
Statutory Provisions
Prohibition of Child Marriage Act, 2006, Sections 2(a), 3, and 12; Indian Penal Code, Sections 363, 366, 376; Protection of Children from Sexual Offences (POCSO) Act, 2012, Sections 3 and 4; Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(5); Uttar Pradesh Marriage Registration Rules, 2017; Bharatiya Nyaya Sanhita, 2023; Hindu Marriage Act, 1955, Section 8
Deepak Pal v. State of U.P., (Allahabad) : Law Finder Doc Id # 2976561
