Citizens Free To Choose Life Partner, But Don't Seek Protection Orders Based On Fabricated Documents: Allahabad HC Expresses Concern Over Fraudulent Marriage Certificates

The Allahabad High Court has expressed serious concerns regarding the fraudulent procurement of marriage certificates, implicating officials from the Marriage Registration Office in the process.

The Bench of Justice Vinod Diwakar said, "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 Single-Judge Bench stated, "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 Court condemned the manipulation of the sanctity of marriage, particularly highlighting the contraventions of the Hindu Marriage Act, 1955, which could have far-reaching consequences on society.

The Court acknowledged that while citizens are entitled to choose their life partners and enter into matrimonial alliances or live-in relationships, such actions should not come at the expense of statutory provisions. "No doubt, after attaining the age of majority, the citizens are free to choose their life partner and, accordingly, enter into a matrimonial alliance or may live in a live-in relationship, but not at the cost of statutory provisions or by filing forged and fabricated documents before the Court to seek protection orders under the garb of protection guaranteed under Article 21 of the Constitution of India," the Court said. 

The Bench noted, “This Court has observed in numerous cases—every day in 10-15 cases—that marriages are apparently fraudulently solemnized, followed by the registration of fake documents with the Marriage Registration Officer in Prayagraj, Ghaziabad, and Noida.”

"In such cases, (i) either marriage proof is attached along with the petition, (ii) or/the witnesses are not genuine; no proper identification of witnesses is observed, (iii) or/ the institution/organization which issues the marriage certificate is not entitled as per their bye-laws or on enquiry found non-existent, (iv)or/and the marriage is not performed in accordance with Section 5 of Hindu Marriage Act, 1955; (v) or/and proper marriage ceremonies are not performed in accordance with law," it said. 

The Court made the observation while hearing a protection plea filed by a couple claiming to have married at an Arya Samaj Mandir in Greater Noida. The State raised questions about the authenticity of their marriage certificate, which prompted the Court to highlight ongoing issues with fake certificates being issued by unregistered organizations.

The Court  further pointed out that the Additional Chief Standing Counsel had raised serious objections regarding the issuance of these fraudulent documents, contributing to a backlog of frivolous petitions in the courts. He identified Noida and Ghaziabad as hotspots for these activities.

In response, the Court has summoned the Assistant Inspector General of Registration (Stamp and Registration) of Ghaziabad and Gautam Budha Nagar to appear at the next hearing. The officials are required to present the Marriage Registration Rules, Notifications, Government Orders, and details of marriages registered in their jurisdictions over the past year.

Additionally, the Court directed the Inspector General of Stamp, Uttar Pradesh, to provide the number of marriages registered in Uttar Pradesh from August 1, 2023, to August 1, 2024, on a district-wise basis. The Court also directed the Principal Secretary (Stamp and Registration) in Lucknow ensure compliance with its order by the next hearing date, set for August 6, in order to address the ongoing concerns regarding the integrity of marriage registrations in the state.

"The Principal Secretary (Stamp and Registration), Lucknow, shall ensure that the terms of this order are complied with in letter and spirit by the next date fixed. The Principal Secretary (Stamp and Registration) shall ensure that the report is readable and duly typed with reasonable font size and spacing between the lines. The Registrar (Compliance) is directed to communicate a copy of this order to the Principal Secretary (Stamp and Registration), Lucknow, the Inspector General Stamp, Prayagraj, and the Assistant Inspector General of Registration (Stamp and Registration), Ghaziabad, Gautum Budha Nagar, and Prayagraj, with immediate effect," it said. 

Furthermore, the Court said, "Meanwhile, if the petitioners apprehend any threat to their life and property, they may approach the respondent no. 3 to seek protection. After a fresh evaluation of the threat assessment, the respondent no. 3 shall accordingly take adequate measures."

Cause Title: Shanidev And Another v. State Of Up And 7 Others 

Appearance:-

Petitioner: Advocate Ranjeet Kumar Yadav

Click here to read/download the Order