Citizens free to choose partner but cannot file forged documents for protection: Allahabad High Court

The Allahabad High Court recently said that marriage certificates are fraudulently being procured by individuals in connivance with the officials of the Marriage Registration Office to establish a claim for valid marriage [Shanidev And Another vs State of UP And 7 Others]..Justice Vinod Diwakar also noted that fake marriage certificates are issued by various organisations and societies so that the couples can approach courts seeking police protection. “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 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 Court said..It added that though the citizens are free to choose their life partner and enter into a matrimonial alliance or live-in-relationship, the same cannot be done at the cost of statutory provisions by filing forged and fabricated documents before the Court to seek protection orders under under Article 21 of the Constitution of India.“This Court has observed in numerous cases - every day in 10-15 cases- the marriages are apparently fraudulently solemnized and thereafter on fake papers registered with the Marriage Registration Officer either at Prayagraj or at Ghaziabad and Noida,” the Court said..The Court was hearing a protection plea of a couple who claimed to have solemnised their marriage at Arya Samaj Mandir in Greater Noida. However, the State questioned the authenticity of the marriage certificate. This is not a single case wherein a serious objection has been raised by the Additional Chief Standing Counsel about the manner in which the fake marriage certificates are issued by fake registered organizations/ societies in support of the contentions raised in the petition and the courts are overburdened with the frivolous petitions of such nature, the judge said.It also noted that most of such societies or organisations are situated in Noida or Ghaziabad. Accordingly, the Court has now asked the Assistant Inspector General of Registration (Stamp and Registration) of Ghaziabad and Gautam Budha Nagar to appear before it on the next date of hearing. .The officers have also been asked to produce the Marriage Registration Rules, Notifications, Government Orders or any such material which regulates the procedure for solemnization and registration of marriage along with the details of marriages registered within their territorial jurisdiction in the past one year.“The Inspector General Stamp, Uttar Pradesh shall also file the number of marriages registered from 1st August 2023 to 1st August 2024 within the territorial jurisdiction of Uttar Pradesh district-wise,” the Court ordered further.The Court also directed the Principal Secretary (Stamp and Registration), Lucknow, to ensure that the terms of the present order are complied with in letter and spirit by the next date of hearing on August 6..Advocate Ranjeet Kumar Yadav represented the petitioners..[Read Order]