Ravina Ahirwar And Another vs State Of Haryana And Others

Rakesh Kumar Jain, J

This petition is preferred by a couple, out of whom the girl belongs to Scheduled Caste category and the boy belongs to General category. They both

get married on 08.05.2017 at Jhajjar in the State of Haryana. Thereafter, they applied for the Certificate of Marriage in terms of the provisions of the

Haryana Compulsory Registration of Marriages Act, 2008 (hereinafter referred to as the “Actâ€) and were issued the Certificate of Marriage by

the Tehsildar, Hansi while registering their marriage vide Registration No.14 dated 04.01.2018. Petitioner no.1 (the girl) belongs to Madhya Pradesh

where both the petitioners applied for “shagun†under the scheme floated by the Government of Madhya Pradesh for solemnizing inter-caste

marriage.

The grievance of the petitioner is that their case has not been dealt with by the concerned authority for grant of “shagun†under the aforesaid

scheme on the ground that in the certificate of marriage, issued by the State of Haryana, it is not mentioned as to under which rules the said certificate

has been issued.

Counsel for the petitioner has submitted that as per Rule 3(3)(d) of the Haryana Compulsory Registration of Marriages Rules, 2008 (hereinafter

referred to as the “Rulesâ€), the Registrar is obliged to issue two copies of the marriage registration certificate in Form IV, free of cost to the

couple, under his hand and seal, within fifteen days of receiving the application. The petitioner has appended the certificates of marriage issued by the

Registrar, Ghaziabad, Uttar Pradesh and the Registrar of Marriages, Union territory, Chandigarh, in which it is categorically mentioned that the same

have been issued under Section 8 of the Hindu Marriage Act, 1955 read with Rule 7(2) of U.P. Hindu Marriage Registration Rule, 1973 and the Union

Territory Compulsory Registration of Marriages Rules, 2012 respectively. The petitioner has, thus, submitted that the certificate Annexure P-1 should

have also contained the particulars of Rules etc. under which the said certificate has been issued.

To buttress his argument, he has relied solely upon Rule 3(3)(d) of the Rules, which read as under:-

“(d) The Registrar shall issue two copies of the marriage registration certificate in Form IV, free of cost to the couple, under his hand and seal,

within fifteen days of receiving the application.â€​

I have heard learned counsel for the petitioner and examined the available record with his able assistance.

In order to appreciate the argument raised by the counsel for the petitioner, it would be relevant to refer to Form IV, which is provided in the Rules in

terms of Rule 3(3)(d) of the Rules and read as under:-

                       “Form-IV       Â

                       [See rule 3(3)(d)]

                       Marriage Registration Certificate

                                   Joint photo of husband and

                                   wife, clearly showing faces.

                                   Registrar to sign and put seal

                                   across photo.

Certified that Sh. .........................       S/o Sh..........................................

R/o.....................................................................         has been married to

Smt. .............................................................. R/o ..............................

D/o ................................................................ R/o .............................

on ....................................      (date) ............. at village ..........................

P.O. .................................      Tehsil ........................ District ................

Haryana State and the said marriage has been registered on ...........

under registration No...................................................

                       (Signature of Registrar)

                       Issued under my hand and seal on ................

                       Registrar ................    Tehsil/Sub Tehsil/

                       Municipal Corporation/Municipal

                       Committee/Councilâ€​

The certificate that has been issued by the Tehsildar, Hansi (Annexure P-1) is strictly in conformity with the language used in Form-IV, therefore, I do

not find any reason to interfere in this petition as it is not mentioned in Form-IV that the Registering Authority would also have to mention as to under

which provision of law the certificate has been issued.

Consequently, the present petition is hereby dismissed being denuded of any merit. However, the petitioner may, if so advised, approach the Madhya

Pradesh Authorities for the purpose of seeking the benefit of “shagun†while referring to Rule 3(3)(d) of the Rules and the Form-IV provided in

the Rules.