The Allahabad High Court has observed that mere certificates issued by the Arya Samaj Society do not prove the validity of a marriage.
A Single Bench of Justice Saurabh Shyam Shamshery passed this order, while dismissing a Habeas Corpus petition filed by Bhola Singh and another.
The petition alleged that the corpus is the wife of Bhola Singh. In order to prove that they were legally married, Dharam Veer Singh, counsel for petitioners, has placed reliance upon a certificate issued by Arya Samaj Mandir, Ghaziabad and further a certificate of registration of marriage as well as certain photographs.
Sunil Srivastava, on instructions, submitted that an FIR has been lodged against Bhola Singh by the father of corpus and the investigation was undergoing.
The Court has been flooded with the marriage certificates issued by different Arya Samaj Societies which have been seriously questioned during different proceedings before this court as well as by other High Courts.
Also Read: Allahabad HC stays dismissal of safai karmachari in Moradabad
The Court observed, “The said institution has misused their beliefs in organizing the marriages without even considering genuineness of documents and since the marriage has not been registered, therefore, only on the basis of said certificate, it cannot be deemed that the parties have married.
“Otherwise also, habeas corpus is a prerogative writ and an extraordinary remedy. It cannot be issued as a right but only on reasonable grounds or probability. The petitioners have other remedies available for the purpose under criminal and civil law, therefore, the writ petition for habeas corpus at the behest of husband to regain his wife as corpus is not maintainable as a matter of course, ignoring that marriage cannot be deemed to be solemnized.
“In the case, the corpus is a major and an FIR has been lodged against Bhola Singh by father of corpus and investigation is undergoing, therefore, there is no case of illegal detention”
-the Court further observed.
Also Read: