Displeased over the practice of Oath Commissioners and Notaries involving themselves execution of documents related to divorce, marriage etc the Madhya Pradesh High Court stated that strict guidelines should be issued to oath commissioners and notaries for not executing such deeds or their licence would be terminated.
The Bench observed that duties/job of Notary is defined under notary act and notaries are not authorised to execute marriage documents or to execute a divorce deed.
Aforesaid observations were made when the Court was hearing a bail plea filed by one Mukesh who was charged u/s 467, 420 and 468/34 of IPC.
According to the prosecution, the complainant( Jitendra) was married to Gayatribai with the help of Omprakash and Nageshwar but after 5-6 days of marriage, Gayatribai fled from his office with all her belongings
On the basis of the complaint, the police arrested Omprakash, Nageshwar and Gayatribai and also recovered some stamp papers from them.
The accused stated that they distributed the money( Rs 1,50,000) given by the complainant amongst themselves.
Counsel for the applicant submitted that his client was falsely implicated in the case and he had only introduced Gayatribai to Jeetendra( complainant).
After perusing the facts and other evidence, the Bench opined that the accused had conspired to get the complainant married but in Court’s opinion the notary who executed the marriage agreement was also responsible.
The Bench further noted that if the notary had refused to execute the marriage then the instant crime would have not occured.
Hon’ble Court directed the Law Department of State to look into how Notaries/ Oath Commissioners are involving themselves in execution of such deeds, even though the law does not permit it.
Without commenting on the merits of the case, the Court granted bail to the accused on a personal bond of Rs 50000 and also directed the accused to deposit Rs 50000 in the Trial Court.
Title: Mukesh vs State of MP
Case No.: M.Cr.C No. 44184 of 2020
Date of Order:31.12.2020
Coram: Hon’ble Justice Vivek Rusia