The Himachal Pradesh High Court ruled that children born from invalid marriages cannot be denied birth registration. Justice Jyotsna Rewal Dua emphasized that these children are “living beings” and must be recognized under the law. The court’s decision highlights the importance of granting every child legal identity, regardless of their parents’ marital status. This judgment reinforces the fundamental rights of all children to be acknowledged and protected by the state.
The Himachal Pradesh High Court ruled that children cannot be denied birth registration solely because they were born from an unregistered or legally invalid marriage.
Justice Jyotsna Rewal Dua emphasized, ‘the status of the parents’ relationship should not affect the rights of the child.’
The court stated,
“The relationship between the parents may not be sanctioned by law, but the birth of a child in such a relationship has to be viewed independently of the relationship of the parents,”
This interpretation, according to the court’s October 17 order, aligns with the purpose of Section 16(3) of the Hindu Marriage Act.
“A child born in such a relationship is innocent and is entitled to all the rights which are given to other children born in valid marriage.”
The Court emphasized that children are living beings and this must be recognized in the law.
This ruling arose from a plea filed by a woman on behalf of her three minor children. Her counsel informed the Court that the parents’ marriage took place in 2011, and they had been living together as husband and wife since then.
However, the marriage could not be officially registered because the husband was still legally married to his first wife, who was in poor health but had consented to his second marriage.
Consequently, this union was considered invalid under Section 4(a) of the Special Marriage Act, 1954, which prohibits individuals from marrying if they have another living spouse.
As the marriage was neither recognized nor registered, state authorities refused to record the births of the children from this union in the Panchayat records, including the Birth Register and the Family Register.
The Court challenged the Panchayat authorities’ decision, stating that children born from invalid unions should not be denied legal recognition.
The Bench referenced Section 16(3) of the Hindu Marriage Act, which affirms that even if a marriage is null and void, children born from that marriage are still considered legitimate.
The Court further noted that there were no provisions in the Special Marriage Act or the Himachal Pradesh Panchayati Raj General Rules that prevented the registration of children’s names from an unregistered marriage in the birth or family records.
Additionally, the Court highlighted that the husband’s first wife had explicitly stated she had no objections to registering her husband’s children’s names in the relevant records.
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The Court concluded that the names of the children involved in this case should be added to the Panchayat records.
The Court observed,
“The objection of the respondents that since the marriage between the parents of the petitioners cannot be registered under Section 4(a) of the Special Marriage Act and, therefore, the names of the petitioners cannot be entered in the Panchayat record is clearly misconceived and violates the intent of Section 16(1) of the Hindu Marriage Act,”
Accordingly, the Court allowed the petition and directed State authorities to update the Panchayat records with the children’s names promptly.
Advocate Divya Raj Singh represented the petitioners, while Additional Advocates General Dalip K Sharma and Amandeep Sharma appeared on behalf of the State of Himachal Pradesh and other State officials.