Case: Shanidev And Another vs State of UP And 7 Others
Justice Vinod Diwakar also noted that various organizations and societies issue fake marriage certificates, allowing couples to approach courts for police protection.
“This Court cannot lose sight of the fact that without the support of local police and civil administration, such activities could not continue in an organized manner. The sanctity of the institution of marriage has been taken ride by the individuals who perform marriage in contravention of the Hindu Marriage Act, 1955- and setting a trend that may lead to wide-ranging impacts on the social fabric of society,” the Court said.
The court added that while citizens are free to choose their life partners and enter into matrimonial alliances or live-in relationships, they cannot do so by violating statutory provisions and submitting forged and fabricated documents to the court to seek protection orders under Article 21 of the Constitution of India.
“This Court has observed in numerous cases - every day in 10-15 cases- the marriages are apparently fraudulently solemnized and thereafter on fake papers registered with the Marriage Registration Officer either at Prayagraj or at Ghaziabad and Noida,” the Court said.
The Court was hearing a protection plea from a couple who claimed to have solemnized their marriage at Arya Samaj Mandir in Greater Noida. However, the State questioned the authenticity of their marriage certificate.
"This is not an isolated case," said the judge, noting that the Additional Chief Standing Counsel had raised serious objections regarding the issuance of fake marriage certificates by fraudulent organizations and societies. The judge highlighted that such frivolous petitions burden the courts.
Most of these societies or organizations are located in Noida or Ghaziabad. Consequently, the Court has requested the Assistant Inspector General of Registration (Stamp and Registration) of Ghaziabad and Gautam Budh Nagar to appear at the next hearing. The officers are also required to produce the Marriage Registration Rules, Notifications, Government Orders, or any materials regulating the procedure for the solemnization and registration of marriages, along with details of marriages registered within their jurisdiction over the past year.
“The Inspector General Stamp, Uttar Pradesh, must also file the number of marriages registered from August 1, 2023, to August 1, 2024, within Uttar Pradesh, broken down by district,” the Court further ordered.
Additionally, the Court directed the Principal Secretary (Stamp and Registration), Lucknow, to ensure compliance with this order in both letter and spirit by the next hearing on August 6.
Advocate Ranjeet Kumar Yadav represented the petitioners.
TAGS: Allahabad High Court Petition Freedom Partners Marriage
