The Delhi High Court has issued a directive to Arya Samaj Mandir in Malviya Nagar, urging stringent verification of witnesses in marriage ceremonies, following a controversial case where a girl was wed to her uncle under false pretenses.
In a hearing presided over by Justice Prathiba M Singh, the court emphasized the need for genuine and bonafide witnesses in marriages, particularly highlighting a recent incident where a girl’s uncle deceitfully declared himself as unmarried to solemnize the marriage. “The manner in which the girl’s own uncle falsely declared himself to be unmarried…was clearly contrary to law, and the marriage is void,” Justice Singh remarked.
The court has mandated that the temple ensure at least one witness from each side of the family, who is either a relative or a known acquaintance of the couple for a reasonable period, to be present during the marriage ceremonies. This move aims to bolster the validity and sanctity of marriages conducted under its auspices.
The issue came to light when the father of the girl filed a petition after his daughter went missing on July 1. The court learned that the Arya Samaj temple, while taking affidavits concerning marital status, did not conduct further checks to verify the claims. The girl, appearing in court, contested her biological relationship with the petitioner, claiming he was her mother’s second husband and stated that she was now living with her “husband” — her uncle.
The High Court, in its judgment, invalidated the marriage on grounds of false affidavits regarding the uncle’s marital status, noting, “It is unfortunate that Mr. S has abandoned his wife and child and claims to have got married to his niece… This court holds that the alleged marriage ceremony conducted by the Arya Samaj Mandir, on the face of it, is a void marriage.”
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While the court concluded that no further orders could be issued concerning the girl’s custody due to her being a major and her refusal to return with the petitioner, it allowed for the continuation of criminal proceedings by the uncle’s wife against him.
