The Allahabad High Court, in a notable ruling, has raised alarms over the increasing incidents of fake marriages being registered through forged documents, particularly involving underage individuals. The Court, presided by a Single Bench of Justice Vinod Diwakar, expressed deep concerns over the misuse of notarized instruments like the Vaivahik Anubandh Patra, which have been frequently used by runaway couples to falsely claim majority age.
The case in question, Smt. Sana Parveen & Another v. State of U.P. & Others, involved a couple seeking protection from their parents after they solemnized their marriage against familial wishes.
However, during the hearing, the State, represented by Additional Chief Standing Counsel (CSC) Ashwani Kumar Tripathi, along with Advocates Yogesh Kumar and Shashwat Anand, argued that the documents presented by the petitioners appeared to be forged.
The Court noted that such incidents are not isolated. It highlighted the disturbing trend where documents like birth certificates, PAN Cards, and educational records are falsified to obtain marriage registrations in violation of the Hindu Marriage Act, 1955, and the Child Marriage Restraint Act, 1929. The Vaivahik Anubandh Patra, often notarized by Public Notaries, is a key instrument in these fraudulent activities, leading to questions about the legal validity of such notarizations.
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In light of these concerns, the Court has directed the Department of Legal Affairs, Ministry of Law and Justice, Government of India, to submit an affidavit clarifying the scope of Public Notariesโ powers in notarizing such documents. The Court also requested input from the Principal Secretary (Law), Government of Uttar Pradesh, and suggested the possible involvement of the DGP, Uttar Pradesh, to ensure a thorough investigation.
The matter, which touches upon the sanctity of marriage as a societal institution, is scheduled for further hearing on August 22, 2024.
