Sunday , November 24 2024

High Court expressed concern over fake marriage certificate

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– Said, citizens are free to choose life partner, but should not seek protection order on the basis of fake certificate

Prayagraj, July 31 (HS). The Allahabad High Court has expressed serious concern over obtaining marriage certificates through fraud and has talked about the involvement of marriage registration office officials in this process. Justice Vinod Diwakar said that the sanctity of marriage has been endangered by those who have married in violation of the Hindu Marriage Act, 1955. By doing so, a trend has been started which can have a wide impact on the social fabric of the society.

Justice Diwakar said, “This court cannot ignore the fact that without the support of the local police and civil administration, such activities cannot continue in an organised manner.” The court condemned the tampering with the sanctity of marriage. It particularly highlighted the violations of the Hindu Marriage Act, 1955, which may have far-reaching consequences on society.

The High Court held that citizens are entitled to choose their life partner and enter into a marital relationship or live-in relationship but such action should not be at the cost of statutory provisions. The court said that there is no doubt that after attaining majority, citizens are free to choose their life partner and enter into a marital relationship or live-in relationship accordingly but this cannot be done at the cost of statutory provisions or by filing fake and fabricated documents before the court under the guise of protection guaranteed under Article 21 of the Constitution of India. This court has seen in numerous cases, 10-15 cases per day, where marriages are clearly concluded by fraud, after which registration is done with the marriage registration officer in Prayagraj, Ghaziabad and Noida on the basis of fake documents.

The court made the observation while hearing a petition seeking protection filed by a couple, Shani Dev and others, who claimed to have married at the Arya Samaj temple in Greater Noida. The state had questioned the authenticity of their marriage certificate, leading the court to highlight the ongoing issue with fake certificates being issued by unregistered organisations.

The High Court was told by the government that Gautam Budh Nagar, Noida and Ghaziabad are the centers of fake marriage certificates. In response, the court has summoned the Assistant Inspector General of Registration (Stamp and Registration) of Ghaziabad and Gautam Budh Nagar to appear in the next hearing. The officials are required to submit the marriage registration rules, notifications, government orders and details of marriages registered in their jurisdiction in the last one year. Additionally, the court directed the Inspector General of Stamps of 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 directed the Principal Secretary (Stamp and Registration) in Lucknow to ensure compliance of its order by the next hearing date scheduled on August 6 so that the ongoing concerns about marriage registration in the state can be addressed.

The High Court said that the Principal Secretary (Stamp and Registration), Lucknow will ensure that the conditions of this order are strictly complied with by the next scheduled date. The Principal Secretary (Stamp and Registration) will ensure that the report is readable and duly typed with proper font size and space between lines. The court said that the Registrar (Compliance) is directed to send a copy of this order to the Principal Secretary (Stamp and Registration), Lucknow, Inspector General Stamp, Prayagraj and Assistant Inspector General Registration (Stamp and Registration), Ghaziabad, Gautam Buddha Nagar and Prayagraj with immediate effect.