JUDGMENT

Mr. Rajiv Narain Raina, J. (Oral):- The present petition has been filed under Article 226 of the Constitution of India for the issuance of writ in the nature of mandamus directing respondent No.3 to register the marriage of the petitioners by deciding their application (Annex. P-4) pending since 01.05.2017 and issue a marriage certificate to them.

2. The petitioners got married in the year 2011. At the time of marriage, the girl was of marriageable age, but, the boy was under 21 years of age and could not be legally married under the prohibitions in the Hindu Marriage Act, 1955. Their birth certificates are placed on record. A son was born to the couple on 04.09.2014 and by that time the boy (husband) had become a major and of marriageable age.

3. The request for registration of marriage has been declined by the Registrar of Marriages on the ground that at the time of marriage, Yashbir/petitioner No.2 was less than 21 years of age.

4. I have heard learned counsel for the parties and am of the view that the reason for declining the request for registration of marriage is not legally sustainable and deserves to be set aside. Marriage below the age of 18 (for girl) and 21 (for