Allahabad HC Orders Probe Against Arya Samaj Mandirs, Societies & Trusts Involved In Solemnizing 'Illegal' Marriages

The Allahabad High Court has directed the Commissioners of Police of Gautam Budh Nagar (Noida) and Ghaziabad to conduct a discreet investigation into the functioning of Arya Samaj Mandirs and associated societies or trusts involved in solemnizing marriages.

This order came after several cases revealed that marriages were being performed in violation of the Child Marriage Restraint Act and the Hindu Marriage Act.

The Single-Judge Bench of Justice Vinod Diwakar issued the order after it found about forged Aadhaar cards and falsified notarized affidavits in petitions filed by couples.

The court also found that Marriage Registration Officers were registering marriages based on invalid certificates without proper verification. "Such marriages contribute to human trafficking, sexual exploitation, and forced labor. Children suffer emotional and psychological trauma, along with the disruption of their education. These issues further burden the courts," the Court stated, highlighting the need for stringent verification processes and accountability of marriage-related trusts and societies.

"Additionally, these issues place a significant burden on the courts. Therefore, a robust system for document verification and ensuring the accountability of trusts and societies needs to be developed," it added. 

The Court directed the police to investigate key aspects, including the names of trusts conducting marriages, profiling of their leaders, the involvement of those helping couples forge documents, and financial transactions of the trusts. "Based on the deliberations above, the Commissioners of Police, Gautam Budh Nagar and Ghaziabad, is directed to conduct a thorough investigation and discreet inquiry about the functions of the aforementioned trust/societies involved in solemnizing marriage in contravention of section 5 of the Hindu Marriage Act, 1955 and the provisions of Child Marriage Restraint Act, 1929," th Court directed. 

The Court emphasized the urgency of addressing the problem, directing the Principal Secretary (Stamp & Registration) to personally oversee compliance with the court’s orders.

"The Registrar (Compliance) is directed to communicate this order to the Principal Secretary (Stamp & Registration), Lucknow, DIG Meerut Range, Meerut, Commissioner of Police, Ghaziabad, and Commissioner of Police, Gautam Budh Nagar to ensure compliance, before the next date of hearing," the Court ordered. 

Earlier in July, the Court had expressed serious concerns regarding the fraudulent procurement of marriage certificates, implicating officials from the Marriage Registration Office in the process. The Bench had 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 had 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 had also 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.

Cause Title: Shanidev And Another vs State of UP And 7 Others

Appearance:-

Petitioner: Advocate Ranjeet Kumar Yadav

Respondent: Additional Chief Standing Counsel (ACSC) Ashwani Kumar Tripathi

Click here to read/download the Order