The Allahabad High Court has expressed concern over the increasing incidents of fake marriages being registered through forged documents, which have been frequently used by runaway couples to falsely claim majority age.
A Single Bench of Justice Vinod Diwakar heard the petition filed by Smt Sana Parveen and Another.
The petition has been filed by the petitioners seeking a direction to the police/respondents to protect their lives and property from their parents.
The petitioners claim that they solemnised their marriage according to Muslim customs of their own free will on 30.2.2024 at Jama Masjid, Jaitwara, District Moradabad, against the wishes of their parents.
The Additional Chief Standing Counsel submitted that, upon examination of the documents, it appears that the documents attached to the petition may be forged to obtain a protection order from the Court.
He further submitted that it has been observed in numerous petitions that such documents are often found to be forged.
The Court has also noted that in several petitions, marriages are presented as being solemnised through a Vaivahik Anubandh Patra- an instrument detailing the rights and liabilities of the bride and groom. This is particularly observed in cases where marriages are claimed to have been solemnised according to Hindu customs and traditions, in contravention of Section 5 of the Hindu Marriage Act, 1955.
It has also been noted that the Marriage Registrar’s office routinely registers such marriages based on invalid instruments like the Vaivahik Anubandh Patra and forged documents prepared by the applicants duly notarized by the Public Notary appointed by the Government in cases of marriage secretly performed by the runaway couples, mostly underage. The Court receives numerous similar cases daily.
The Court said that,
It is prudent to seek a response from the Department of Legal Affairs, Ministry of Law and Justice, Government of India- the appointing authority of the Public Notary- regarding the issues detailed above before coming to a conclusion. For clarity, (i) whether a Public Notary is competent to notarize an instrument, referred herein above, created in contravention of Section 5 of the Hindu Marriage Act, (ii) whether the Public Notary shall verify the authenticity of contents of notarized documents before putting circular seal of 5 cm diameter, (iii) whether legally enforceable duties that arise from such instruments has a binding effect on the parties in view of the fact that the same are notarized by Public Notary, and (iv) whether the Public Notary can notarize an invalid instrument like Vaivahik Anubandh Patra. The department is also requested to provide suggestions for addressing such related and incidental issues created by such notarized instruments. The affidavit should also outline proposed actions to address and regulate the affairs of Public Notaries found involved in notarizing instruments in contravention of Notaries Act, 1952 at district level.
The Court directed that an officer not below the rank of Joint Secretary in the Department of Legal Affairs, Ministry of Law and Justice, Government of India to file an affidavit addressing the Court’s concerns on or before the next date of hearing.
“As this matter concerns the sanctity of marriage- a pious institution affecting structured social relations, family formation, property rights, inheritance, tax benefits, and other legal responsibilities- the Joint Secretary, Ministry of Law, is expected to give this issue the highest priority and sensitivity so that the affairs of Public Notaries could be regulated effectively at district level.
A response with suggestions will also be filed by the Principal Secretary (Law), Government of Uttar Pradesh, on similar lines, by the next date of hearing. If the Principal Secretary (Law) thinks that the involvement of office of DGP, Uttar Pradesh is also required to deal with the issues outlined herein above, based on the inputs received from ground level policing at district level, a copy of this order be forwarded to the office of DGP, Uttar Pradesh by the Principal Secretary (Law), Uttar Pradesh forthwith,” the order reads.
The Court has fixed the next hearing of the petition on 22.8.2024.