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The Legal Affair

Let's talk Law

The Legal Affair

Let's talk Law

Allahabad High Court Expresses Concern Over Issuance of Marriage Certificates by Private Institutions; Calls for Scrutiny of Arya Samaj Marriages

Allahabad High Court Expresses Concern Over Issuance of Marriage Certificates by Private Institutions; Calls for Scrutiny of Arya Samaj Marriages

Introduction:

The Allahabad High Court recently expressed surprise over the issuance of marriage certificates by private institutions like Arya Samaj, Gurudwaras, and Temples. This concern arose during the hearing of a criminal writ petition filed by Madhu and her alleged husband, challenging an FIR lodged against the husband. The petitioners claimed to have been married at Arya Samaj George Town, Prayagraj, and are living together voluntarily. The court directed the signatory of Arya Samaj in Prayagraj to appear with documents regarding such marriages.

Arguments of Both Sides:

The petitioners argued that despite the FIR mentioning the girl’s age as 17 years and 6 months, her Aadhaar card indicates she is a major, and they married of their own free will. However, the court raised concerns regarding the validity of such marriages and the issuance of certificates by private institutions like Arya Samaj.

Court’s Judgment:

The Allahabad High Court issued notices to the opposite parties and directed them to file counter affidavits. It also called upon the signatory of the marriage certificate to provide documents and explain if they were informed about the FIR before registering the marriage. The court’s decision highlights the need for scrutiny and regulation of marriages conducted by private institutions.