Rajesh Kumar Pandey/TNN
The court further said that the marriage registration must strictly ensure the parties have reached statutory age—21 years for the groom and 18 years for the bride—on the application date. Prayagraj : The Allahabad High Court has directed the state govt to prevent the registration of child marriages, ruling that an Aadhaar card cannot serve as proof of age. The HC has prohibited marriage registrations based solely on Aadhaar records or unverified school transfer certificates.
Justice Tej Pratap Tiwari issued these directions on Oct 27, while examining a petition titled Deepak Pal vs. Rejecting reliance on Aadhaar and unverified educational documents, the court held: “An Aadhaar card cannot prove age and a mere transfer certificate does not answer the description of any class of documents mentioned in section 94(2)(i) of the JJ Act. Holding that the registration could not be sustained, the bench observed: “The registering authority therefore had no verified proof of age before it registered the marriage and thereby did not discharge the duty. Referring to the Supreme Court judgment in Seema vs Ashwani Kumar, Justice Tiwari observed, “The issue is, therefore, not merely whether the date of birth is entered in the marriage register, but whether the process of registration is so structured that it meaningfully verifies age and thereby serves the very purpose for which compulsory registration has been contemplated.
The court observed: “The date of birth certificate issued by the competent authority under the law governing registration of births and deaths, and the matriculation or equivalent record, shall be dealt with in the prescribed order; other educational or governmental records may be considered in the circumstances and order notified by the State.” State of UP and three others. The court further directed that the state online portal must record the verification source, flag age discrepancies and prevent automatic generation of certificates when verification is incomplete and if documents raise doubt or show a party is underage, the application must be referred to the child marriage prohibition officer and district magistrate. The court found that the transfer certificate had not been verified in the prescribed manner.
The matter came before the court after a marriage was registered by the registering authority on the basis of a school transfer certificate and an Aadhaar card.