Allahabad HC Orders FIR in Minor’s Unlawful Marriage, Targets Husband, Priest, and Samiti Secretary

Allahabad HC Orders FIR in Minor’s Unlawful Marriage, Targets Husband, Priest, and Samiti Secretary

In a notable ruling, the Allahabad High Court has directed the registration of an FIR concerning forged documents and the unlawful marriage of a minor girl in Uttar Pradesh. The FIR is to be filed against the accused husband, Shravan, the priest who officiated the marriage, and the Secretary of the Arya Sanatan Dharm Seva Samiti.

The bench led by Justice Vinod Diwakar has also instructed that Shravan, who appeared before the court, be detained and handed over to the SHO of PS Saifai in District Etawah. 

The court has expanded the scope of the investigation to trace the source of the girl's Aadhar card and to scrutinize the involvement of the document writer. This decision follows the revelation that, contrary to claims of being of marriageable age, the girl was actually only 12 years old at the time of the marriage.

This order came in response to a writ petition filed by the girl and Shravan, who sought protection due to alleged threats to their lives and property. They claimed to have married on June 15, 2024, at the Arya Sanatan Dharm Seva Samiti in Agra, presenting Aadhar cards indicating the girl's age as 21 and Shravan’s as 29. The court, questioning the authenticity of these documents, ordered a verification process that exposed forgery and exploitation.

The SHO of PS Saifai, Etawah, submitted a report confirming that the girl's actual date of birth was September 8, 2011, making her just 12 years old at the time of the marriage. The report also revealed the existence of two different Aadhar cards for the minor, raising grave concerns about document forgery. Additionally, the girl's father filed an affidavit affirming her minor status.

The Additional Chief Standing Counsel for the State Government highlighted a troubling trend: the high court is increasingly burdened with protection petitions based on forged documents. He expressed concerns about the ease of obtaining Aadhaar cards and alleged that certain trusts and societies, in collusion with Purohits, are orchestrating fake marriages for financial gain.

In this particular case, he pointed out that it was the duty of both the Purohit and the Secretary of the Arya Sanatan Dharm Seva Samiti to verify the girl's legal age. He also issued a warning about an organized group operating in Uttar Pradesh that is involved in forging Aadhaar cards, creating fraudulent marriage certificates, and facilitating illegal financial transactions.

Alarmed by the findings in the present case, the court has mandated immediate action against the alleged husband and others involved in facilitating the marriage.

"The effects of child marriage on around 12-year-old children are devastating, both psychologically and physically. These young brides are thrust into a world of adult responsibilities for which they are neither emotionally nor physically prepared. The psychological trauma and physical health risks they face have long–term consequences, not only for the individual child but for the society as a whole," court said. 

The court has also directed that the girl be handed over to the Child Welfare Committee, Etawah, and provided with counseling. Additionally, the court instructed that steps be taken for the girl's welfare and rehabilitation in accordance with government schemes. The matter has been scheduled for the next hearing on September 11, 2024.

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