Allahabad High Court flags concern over use of forged documents to validate fake marriages

The Allahabad High Court recently raised concerns over increasing incidents of fake marriages being registered through forged documents, particularly when the 'marriages' involve runaway underage couples..The Court took note of the issue while dealing with a plea by a couple who sought protection after marrying against their families' wishes. During the hearing, the State informed the Court that the documents submitted by the petitioners seemed to be forged.This led Justice Vinod Diwakar to observe that there were several such cases were forged documents were used to claim that a valid marriage had taken place.The judge also noted that agreements such as Vaivahik Anubandh Patra - an instrument outlining the rights and liabilities of the bride and groom - are commonly used to validate a marriage that is secretly performed by runaway couples, particularly if they are underage. Marriage Registrars also often register such marriages by relying on such agreements or forged documents, after they are notarized by a Public Notary appointed by the government.The Court has now sought a clarification from the Union Ministry of Law to submit on the scope of authority of public notaries when it comes to notarizing such documents."An officer not below the rank of Joint Secretary in the Department of Legal Affairs, Ministry of Law and Justice, Government of India, is directed to file an affidavit addressing the Court's concerns on or before the next date of hearing," the Court ordered. .This will ensure that the activities of public notaries can be effectively regulated at the district level, the Court said.The Court added that the Joint Secretary of the Ministry of Law is expected to treat this issue with the utmost priority and sensitivity since the issue pertains to the sanctity of marriage, a sacred institution that impacts structured social relations, family formation, property rights, inheritance, tax benefits, and other legal responsibilities..To illustrate the implications of fake marriages, the Court also cited the case of Rani Pandey and Another vs. State of UP, wherein the matter initially appeared to involve a couple seeking protection from their parents after marrying against their wishes. However, when notice was sent to the parents, it was discovered that the couple had never actually visited the High Court or filed the writ petition. Rather, it was found that the petition was allegedly part of a scheme by the woman's estranged husband and his friends to malign her character and to enable him to seek a divorce..To curb such practices involving fake marriages, the Court has now asked the Union government to examine the following issues while preparing its affidavit:Whether a Public Notary is competent to notarize instruments like Vaivahik Anubandh Patra, that is created in violation of Section 5 of the Hindu Marriage Act (which concerns eligibility to enter into a marriage, including a condition that the spouses must be adults).Whether the Public Notary is required to verify the authenticity of the contents of notarized documents before affixing their seal.Whether legally enforceable duties arising from such instruments have a binding effect on the parties, given that they are notarized by a Public Notary.Whether a Public Notary can notarize an invalid instrument, such as the Vaivahik Anubandh Patra..The Central government was also requested to provide suggestions to address such practices of registering fake marriages using 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 added.A a similar response with suggestions to address the issues flagged by the Court has also been sought from the Principal Secretary (Law), government of Uttar Pradesh.The matter will be heard next on August 22.Advocate Anand Kumar Tiwari appeared for the petitioners..[Read Order]