The Allahabad High Court has raised serious concerns over the alarming trend of fraudulent marriage certificates being used to secure protection orders under the guise of couple protection petitions. In a landmark ruling delivered by Justice Vinod Diwakar in Writ-C No. 22491 of 2024, Shanidev and Another vs. State of U.P. and Others, the Court observed that the sanctity of the institution of marriage has been “seriously undermined” by organized misuse of judicial process and statutory provisions.
Background
The case arose from a petition filed by Shanidev and another individual seeking police protection from their families after claiming to have solemnized a marriage at Arya Samaj Mandir, Greater Noida. Similar relief was sought in 124 connected writ petitions. The petitioners alleged threats to their lives for marrying against their families’ wishes and submitted marriage certificates and Aadhar cards in support.
Allegations and Arguments
The State, through the learned Additional Chief Standing Counsel, questioned the authenticity of the submitted marriage certificate. It was argued that the certificate lacked crucial details such as the name of the officiating priest, witness information, and the proper address of the Arya Samaj Mandir, thereby casting doubt on the validity of the marriage. It was further contended that the petitioners did not appear before local police authorities and submitted their protection requests via registered post from the High Court premises, indicating procedural irregularities.
The State raised a broader objection, asserting that many such petitions were being filed with fabricated documents, often facilitated by touts.
Court’s Analysis
Justice Diwakar noted a disturbing pattern in these cases. “In several instances, the societies in question do not exist, and fake certificates have been issued to obtain a protection order from the High Court,” the Court observed. Verification revealed that some Arya Samaj organizations had denied issuing the marriage certificates submitted in Court. Many such societies were found to be unregistered or fictitious, and often solemnized child marriages or unions involving parties with existing marriages.
The Court emphasized that while the right to choose a life partner is a fundamental right, it cannot be exercised through deceit or by circumventing statutory law. “Such clandestine unions often result in families being torn apart… and impose a substantial burden on the judicial system,” the judgment stated.
Orders and Directions
Recognizing the systemic nature of the issue, the Court issued a series of robust directions:
- The Inspector General of Registration was directed to investigate the registration of 29,022 marriages in Ghaziabad—an unusually high figure compared to other districts—and recommend remedial measures.
- The District Magistrates of Ghaziabad, Gautam Buddha Nagar, and Prayagraj were ordered to verify societies issuing marriage certificates and assess their legal standing.
- Marriage Registration Officers were instructed to scrutinize documentation rigorously, particularly verifying age and identity through Aadhar cards, PAN cards, and educational certificates.
- A special investigation was mandated into the trusts and societies solemnizing marriages in violation of the Hindu Marriage Act, 1955, and the Child Marriage Restraint Act, 1929.
- FIRs were already registered in Ghaziabad and Prayagraj against various sham societies and individuals involved in creating fake marriage certificates.
The Inspector General submitted district-wise marriage registration data showing a stark disparity, with Ghaziabad recording 29,022 registrations and Gautam Buddha Nagar 3,008 from August 2023 to August 2024. By contrast, many districts had fewer than 500 registrations. The Court noted that many petitioners were from eastern Uttar Pradesh and had no legitimate connection to Ghaziabad or Gautam Buddha Nagar, suggesting forum shopping and document manipulation.
The Court stated that these practices “threaten to adversely affect the social fabric of society” and often lead to “human trafficking, sexual exploitation, and other social evils.”
To ensure accountability and prevent further abuse, the Court:
- Appointed Shri R.V. Mishra, Advocate, as Amicus Curiae to assist in framing preventive measures.
- Directed authorities to submit reports and recommendations for systemic reforms.
- Called for cross-verification of documentation with issuing authorities to safeguard against forgeries.
In a powerful closing, the Court affirmed: “It is the collective responsibility of the State and its instrumentalities to ensure strict compliance with the law of the land and safeguard the integrity and sanctity of the institution of marriage.”
