Himachal Pradesh High Court Grants Right to Birth Registration for Children from Invalid Marriages

Last Updated on November 4, 2024 by Athi Venkatesh

The Himachal Pradesh High Court has ruled that children born from unregistered or legally invalid marriages must still be granted birth registration. Justice Jyotsna Rewal Dua emphasized that a child’s birth status is independent of the legality of their parents’ union.

The case involved a woman petitioning on behalf of her three children, whose births the Panchayat refused to register due to the unregistered nature of their parents’ marriage. The woman’s counsel argued that although the parents had married in 2011, the marriage could not be registered because the husband was already married. His first wife, who is in poor health, had given him permission to marry a second time. However, under Section 4(a) of the Special Marriage Act, 1954, a second marriage is legally invalid if the first spouse is still living.

Despite this, the Court held that denying birth registration to the children was unjust. Justice Dua referenced Section 16(3) of the Hindu Marriage Act, which states that even if a marriage is null and void, children born from such unions are considered legitimate. The Court also noted no provision in the Special Marriage Act or Himachal Pradesh Panchayati Raj Rules barring the registration of children born from unregistered marriages.

Significantly, the first wife had no objections to including the children in the birth and family records, further validating the need for recognition. The Court criticized the Panchayat’s stance, labeling it as a misinterpretation of Section 16(1) of the Hindu Marriage Act. The Court concluded that the State authorities must promptly register the children’s names in the Panchayat records.

This ruling reinforces children’s rights to legal recognition regardless of their parents’ marital status and underscores the principle that every child deserves lawful acknowledgment of birth.