The Allahabad High Court expressed its 'surprise' at the practice of private institutions such as Arya Samaj, Gurudwaras, and temples issuing marriage certificates. 

A bench consisting of Justice Arvind Singh Sangwan and Justice Shiv Shanker Prasad has instructed a representative from Arya Samaj in Prayagraj to present themselves before the court, bringing along the necessary documentation concerning the conduct and registration procedures of marriages conducted by the institution.

The Court issued this order in response to a criminal writ petition submitted by Madhu (petitioner no. 1) and her purported husband (petitioner no. 2), seeking the dismissal of an FIR filed under Sections 363 and 366 of the IPC. The FIR was lodged against petitioner no. 2 by the relatives of petitioner no. 1 (the girl).

The petitioners argued that despite the FIR stating petitioner no. 1's age as 17 years and 6 months, her Aadhaar Card indicates she is of legal age. According to their case, petitioner no. 1 and petitioner no. 2 were married at Arya Samaj George Town, Prayagraj, in February of the current year. They assert that the couple is now residing together as spouses by their own consent.

Recognizing the need for thorough examination, the Court served notices to the opposing parties, instructing them to submit a counter affidavit within six weeks. Nevertheless, prior to adjourning the case for the subsequent hearing, the Court expressed astonishment at the prevalence of comparable marriage certificates issued by numerous private institutions such as Gurudwaras or Temples.

The Court noted that it was not clear whether, at the time of marriage, the petitioners had given any disclosure before the concerned authority who had issued the marriage certificate that an F.I.R. had already been registered against petitioner no. 2 on February 21, 2024.

The Court further remarked that there was ambiguity regarding the nature of documents maintained by the concerned institution prior to the registration of the marriage.

In light of these concerns, the Court summoned the signatory of the marriage certificate in question, along with the relevant documents pertaining to the conduct and registration of such marriages. Additionally, the Court requested the aforementioned signatory to submit an affidavit clarifying whether they were informed about the prior registration of an FIR before the marriage was registered at the Temple.

The case is listed for hearing on April 10, 2024.

Case title - Madhu And Another vs. State Of Up And 2 Others