DC order denying Marriage Registration to Colonel set aside by District Court.

In this post we will discuss about the setting aside the deputy commissioner’s rejecting the marriage registration application of the colonel and his wife

Marriage Registration Denied by DC Set Aside by Court
Marriage Registration Denied by DC Set Aside by Court

DC ORDER DENYING MARRIAGE LICENCE TO COLONEL SET ASIDE

In this post we’ll read about the setting aside the deputy commissioner’s rejecting the marriage registration application of the colonel and his wife. Those orders were considered to be illegal and unsustainable.

FACTS

The appellants’ prayed under Section 16 of Special Marriage Act for registration of the marriage and the application was filed for the same. The applicant named colonel Devinder Singh Duhan is a commanding officer of Haryana Remount and Veterinary college, Chaudhary Charan Singh Haryana Agricultural university and his wife Alka Duhan said in their appeal that they got married in 1992 in consonance with the Hindu rites when it was not necessary to register the marriage. Now the Army has made its obligatory for the marriage certificate for foreign visa. The colonel stated in the court “official commitments keep me from getting the marriage registered in Panchkula (where the marriage ceremony took place) or at my permanent address in Greater Noida, UP so the application has been filed in Hisar under section 16 of Special Marriage Act.” The DC is also district marriage officer refused to register because the marriage was solemnized in Panchkula district and the application was filed in Hisar and DC claimed it to be out of jurisdiction to decide the registration of the marriage.

ALSO READ- GET MARRIAGE REGISTERED IN CHANDIGARH SAME DAY (ONLINE)

CASE TO BE FILED

The appeal was filed by the applicant in the district court challenging the refusal made by the DC because of the jurisdiction. His advocate Sandeep chopara said the Hisar DC misinterpreted Section 2(d) in The Special Marriage Act, 1954 which states that “district in relation to a Marriage Officer, means the area for which he is appointed as such under sub-section (1) or sub-section (2) of section 3; 3[(e) “district court” means, in any area for which there is a city civil court, that court, and in any other area, the principal civil court of original jurisdiction, and includes any other civil court which may be specified by the State Government by notification in the Official Gazette as having jurisdiction in respect of the matters dealt with in this Act”. He also contemplated the arising issue was not referred in the concerned ambit.  The district judge set aside the orders stating that the orders were illegal and unsustainable. The procedure of the registration was meant to be followed and section 16 was taken into the consideration by the applicant.

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Section 16 in The Special Marriage Act, 1954

 Procedure for registration.—Upon receipt of an application signed by both the parties to the marriage for the registration of their marriage under this Chapter the Marriage Officer shall give public notice thereof in such manner as may be prescribed and after allowing a period of thirty days for objections and after hearing any objection received within that period, shall, if satisfied that all the conditions mentioned in section 15 are fulfilled, enter a certificate of the marriage in the Marriage Certificate Book in the form specified in the Fifth Schedule, and such certificate shall be signed by the parties to the marriage and by three witnesses.

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This post was written by Prerana Yadav

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