Allahabad High Court: Mandates Strict Marriage Registration DOB Verification

• The Allahabad High Court has mandated stricter age verification for marriage registration in Uttar Pradesh.
• Authorities must now rely on birth certificates and matriculation records, not Aadhaar cards or unverified school certificates, to confirm age.
• The online registration system must include mandatory DOB verification, preventing applications with unverified or discrepant ages.
• State-level training programs and bi-monthly inspections of registration offices are ordered to ensure compliance.
• These directives aim to prevent child marriages and protect women's rights, remaining in force until new rules are enacted.

The court explicitly stated that no marriage should be registered if either party has not attained the legal age by the date of the registration application.

The Allahabad High Court has issued comprehensive directives mandating stringent age verification protocols for marriage registration across Uttar Pradesh. These instructions aim to prevent the registration of marriages involving individuals who have not reached the statutory marriageable age. The court's ruling specifies that registration authorities must rely exclusively on prescribed birth and matriculation records for age confirmation, explicitly rejecting Aadhaar cards or unverified school transfer certificates as standalone proof. This significant decision came during the hearing of a criminal appeal filed by Deepak Pal, highlighting deficiencies in the existing registration process.

The court observed that the marriage pertinent to the Deepak Pal criminal appeal Allahabad case had been registered based on two documents, but crucial verification steps mandated by departmental instructions were overlooked. Following a September 2 order, an Assistant Inspector General of Registration appeared before the court, submitting a compliance affidavit. The official acknowledged the lapse in verification and offered an unconditional apology, committing to ensure proper date of birth verification in all future registrations.

Under the new guidelines, the Allahabad High Court has clarified that marriage registration authorities cannot accept Aadhaar cards alone or unverified school transfer certificates as sufficient evidence of age. The court underscored that while Aadhaar authentication confirms identity, it does not inherently validate a person's date of birth. Similarly, a mere school transfer certificate does not meet the criteria for age proof as stipulated under Section 94(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015. These directives are rooted in the principles of Section 5(iii) of the Hindu Marriage Act, which sets the minimum age for marriage.

The court has instructed the Uttar Pradesh government to establish a structured verification process. This includes ensuring that the online registration system for marriages makes the verification of both parties' dates of birth a mandatory step, with the source of verification clearly recorded. The system must be designed to prevent applications from proceeding if age is unverified or if any discrepancy is detected. A clear hierarchy of age records, consistent with governing law, must be prescribed and circulated by the State. The primary documents for age proof are birth certificates issued by competent authorities under birth and death registration laws, followed by matriculation or equivalent records. Other educational or governmental records may be considered only in circumstances and order specifically notified by the State, thereby tightening UP marriage age verification guidelines.

To ensure the effective implementation of these new age verification requirements, the Allahabad High Court has ordered several measures for enhanced oversight and training. The Inspector General of Registration, Uttar Pradesh, is tasked with organizing a state-level sensitisation program. This program will educate Marriage Registration Officers and their supervisory counterparts on critical aspects such as age verification, source checking, identifying conflicting records, and recognizing suspected child marriages. The Inspector General is also directed to collaborate with the Director, Judicial Training & Research Institute, Lucknow, to secure appropriate resource persons for these training initiatives.

Furthermore, the court has mandated bi-monthly inspections of all marriage registration offices throughout Uttar Pradesh. As part of these inspections, district legal services authorities are required to examine samples of registered marriages and their corresponding age-verification records. These authorities must then submit their findings and reports to the court through the respective District Judges. These directives will remain in effect until the Uttar Pradesh Marriage Registration Rules, 2017, are amended or a new, comprehensive statutory procedure is introduced, reinforcing the Allahabad HC marriage registration DOB verification efforts.

The court emphasized that compulsory marriage registration extends beyond mere record-keeping, serving vital societal functions. Referencing the Supreme Court's judgment in Smt. Seema v. Ashwani Kumar, the Allahabad High Court highlighted that mandatory registration plays a crucial role in preventing child marriages and ensuring compliance with the minimum marriageable age. It also acts as a safeguard against bigamy and protects women's rights concerning maintenance and inheritance. By reinforcing strict age verification, particularly by clarifying that an Aadhaar card not age proof marriage document, the court aims to uphold these fundamental protections. The court's robust stance on age verification underscores the state's responsibility to protect vulnerable individuals and ensure legal compliance in marital unions.

Lawyers advising on marriage registration in Uttar Pradesh must inform clients of the new, stricter age verification requirements, particularly that Aadhaar cards and unverified school certificates are insufficient. They should guide clients on the prescribed hierarchy of documents (birth certificates, matriculation records) to ensure compliance and avoid registration delays or rejections, especially given the upcoming sensitisation programs and inspections for registration officers.

Source: Original reporting via Legal News India