Delhi HC Directs Arya Samaj Mandir To Ensure Genuineness Of Witness Produced For Marriage

The Delhi High Court has directed the Arya Samaj Mandir to ensure that the witnesses being produced for the marriage are genuine and bonafide.

The Court was deciding a case in which it held the marriage between an ‘Uncle’ (Foofa) and his ‘Niece’ as void.

A Division Bench comprising Justice Prathiba M. Singh and Justice Amit Sharma said, “It is unfortunate that Mr. Satendra has abandoned his wife/child and claims to have got married to a girl who is his niece. This Court holds that the alleged marriage ceremony which has been conducted by the Arya Samaj Mandir, on the face of it, is a void marriage as Mr. Satendra has declared in the affidavit submitted for the marriage, that he is unmarried, when clearly his wife, Ms. K, is alive and they also have a son.”

The Bench noted that since the marriage itself has been solemnised on the basis of the false affidavits, it has no standing in the eyes of the law.

Advocate Manendra Mishra represented the petitioner while Standing Counsel Sanjay Lao represented the respondents.

Brief Facts -

The petitioner’s daughter was stated to be missing since July 1, 2024 and he came to know that she has married her real uncle (foofa). The marriage ceremony was stated to have been conducted in Arya Samaj Mandir Khirki Trust. The petitioner had lodged a complaint and beside that, his sister (Bua) of the missing girl (petitioner’s daughter) also gave a written complaint to the police on July 20 against her husband (respondent).

It was alleged by the petitioner that the respondent prohibits parents from meeting the girl. The Bua also had a two-year-old son with the respondent. The marriage certificate issued by the Arya Samaj Mandir revealed that the respondent has declared himself as being unmarried on the basis of which the marriage was solemnized. Hence, the petitioner approached the High Court.

The High Court in view of the above facts observed, “The manner in which the missing girl/Petitioner daughter’s own uncle (foofa) has falsely declared himself to be unmarried in the marriage certificate issued by Arya Samaj, in order to marry the Petitioner’s daughter is clearly contrary to law.”

The Court added that apart from the couple, nobody was present in the marriage ceremony except one pujari/Panditji and therefore, the validity and sanctity of such marriages is completely suspect.

“The girl who has appeared today submits that the Petitioner is not her real father and he is the second husband of her biological mother. She has known the boy i.e., Mr. Satendra who is married to the Petitioner’s sister for a few years now. She and Satendra are now living together after the marriage was solemnized at the Arya Samaj Mandir. In fact, even the daughter of the Petitioner, Ms. Tara Kumari has falsely stated in the marriage related documents that Mr. Satendra is unmarried”, it further noted.

The Court, therefore, ordered that the Arya Samaj Mandir shall ensure that when witnesses etc. are produced for the purposes of marriage, they are genuine and bonafide witnesses, whose status can be verified properly.

“The temple shall endeavour to call at least 1 witness who is a relative, from both the sides, i.e, the bride and the bridegroom and if there is no relative, some acquaintance who knows the parties concerned for a reasonable period of time shall be permitted to become a witness. A copy of the present order be sent to the Chief Secretary, GNCTD for necessary information and to take appropriate measures in this regard”, it also directed.

Accordingly, the High Court disposed of the petition.

Cause Title- Mukesh Kumar Sen v. State NCT of Delhi & Ors. (Neutral Citation: 2024:DHC:6312-DB)

Appearance:

Petitioner: Advocates Manendra Mishra, Dharmender Basoya, Madhavi Yadav, and Rupali Sinha.

Respondents: Standing Counsel Sanjay Lao, Advocates Priyam Aggarwal, and Abhinav Kumar Arya.

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