Shimla: The Himachal Pradesh High Court has ruled that children born out of void marriages cannot be refused registration of birth in panchayat records stating, "they are also living beings". The order has paved way for further recognition of the rights of such children.
A single-judge bench of Justice Jyotsna Rewal Dua was hearing a petition filed by three minor children, aged five, nine and 12, through their maternal guardians seeking to get their names recorded in the panchayat records that include both birth and family register. The court ruled that denying registration of children born out of void relationship is illegal as the petitioners are also living beings.
Justice Jyotsna Rewal Dua clarified that registering the names of the petitioners in the panchayat records would be in accordance with the provisions of Section 16 of the Hindu Marriage Act.
Dismissing the respondents' objections, the court said that since the marriage between the parents of the petitioners cannot be registered in view of the provisions of Section 4(A) of the Special Marriage Act and on the basis of which, names of the petitioners are not being included in the panchayat records, it is clearly a misconception and violates the importance of Section 16(1) of the Hindu Marriage Act.
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