Delhi High Court, in light of a case involving a girl marrying her 'phupha' (uncle) who falsely claimed to be unmarried, has instructed an Arya Samaj temple to ensure that witnesses to such ceremonies are both genuine and trustworthy.

Delhi High Court, led by Justice Prathiba M. Singh, has directed that an Arya Samaj temple ensure at least one witness from each side of a marriage is either a relative or an acquaintance who has known the parties for a reasonable period. The court noted that in the present case, the girl's own uncle's false claim of being unmarried before the Arya Samaj Mandir was "clearly contrary to law," rendering the marriage void.

Delhi High Court observed that aside from the couple and the priest who officiated, no other witnesses were present at the marriage ceremony conducted at the Arya Samaj Mandir in Malviya Nagar, raising serious concerns about the ceremony's "validity and sanctity." The court noted that while the Arya Samaj temple collects affidavits regarding the parties' marital status, it does not conduct any additional verification.

"The Arya Samaj Mandir shall henceforth ensure that when witnesses etc. are produced for the purposes of marriage, they are genuine and bonafide witnesses, whose status can be verified properly. The temple shall endeavour to call at least 1 witness who is a relative, from both the sides, i.e, the bride and the bridegroom and if there is no relative, some acquaintance who knows the parties concerned for a reasonable period of time shall be permitted to become a witness," said the bench, also comprising Justice Amit Sharma, in the order.

"A copy of the present order be sent to the Chief Secretary, GNCTD for necessary information and to take appropriate measures in this regard," it ordered.

The court was addressing a petition filed by the girl's father, who sought the production of his daughter missing since July 1. When the girl appeared in court, she stated that the petitioner was not her biological father but rather her mother's second husband, and that she was now living with her "husband" following the marriage. The court noted that, since the marriage was based on false affidavits concerning the uncle's marital status, it has no legal standing.

"It is unfortunate that Mr. S.. (the uncle) has abandoned his wife/child and claims to have got married to a girl who is his niece. This court holds that the alleged marriage ceremony which has been conducted by the Arya Samaj Mandir, on the face of it, is a void marriage as Mr. S has declared in the affidavit submitted for the marriage, that he is unmarried, when clearly his wife, Ms. K, is alive and they also have a son," the court stated.