Allahabad High Court Directs Inquiry Into Arya Samaj Mandir And Other Institutions Granting Marriage Certificates

The Allahabad High Court has directed an inquiry into the Arya Samaj Mandirs, societies, trusts, and institutions providing marriage certificates primarily in Gautam Budh Nagar and Ghaziabad as well as in other parts of Uttar Pradesh.

Dealing with protection cases filed by young couples, Justice Vinod Diwaker observed that

“In essence, such marriages lead to human trafficking, sexual exploitation, and forced labor. Children endure emotional and psychological trauma caused by social instability, exploitation, coercion, manipulation, and the disruption of their education. Additionally, these issues place a significant burden on the courts. Therefore, a robust system for document verification and ensuring the accountability of trusts and societies needs to be developed.”

Petitioners approached the High Court to seek protection for their lives. It was pleaded that petitioners were major and had married at an Arya Samaj Temple. Based on the certificate provided by the temple they had applied for marriage registration before the registrar.

The Additional Chief Standing Counsel drew the Court's attention to the fact that the marriage certificate, which appears to be issued by Arya Samaj Mandir, Greater Noida, had no details regarding the priest, address of the Temple, witness details and declaration of whether the marriage had been performed in accordance with the Hindu Marriage Act. It was pleaded that the certificate might be forged.

Noticing that various such cases of forged Arya Samaj certificates were being filed before the Court seeking protection, the Court ordered the Assistant Inspector General of Registration (Stamp and Registration), Ghaziabad, Gautam Budha Nagar to appear before the Court and place on record all the details of the marriage in his jurisdiction between 1st August 2023 to 1st August 2024. Further directions were issued to the Inspector General Stamp, Uttar Pradesh to file the number of marriages registered in the State of UP, district-wise for the same period.

Though suggestions were placed before the Court, since no one had appeared on behalf of Arya Samaj Pratinidhi Sabha, 5 Meerabai Marg, Lucknow, the Court directed the Commissioner of Police, Lucknow to inquire about “(i) about the nature of work and activities of Arya Samaj Pratinidhi Sabha; (ii) competency to authorize Societies to perform marriages; (iii) list of such Societies, which are performing marriages under their authorization and supervision in State of Uttar Pradesh and; (iv) list of the officer bearers of the Society along with the complete address and telephone number.”

The Court had observed that this activity was being carried out so as to control the issuance of fake certificates in violation of the Arya Samaj Marriage Validation Act, 1937 and Hindu Marriage, Act, 1955.

When the case was listed for hearing on 27.08.2024, the Court observed that despite two orders being passed and notices being served, none had appeared on behalf of the Arya Samaj Pratinidhi Sabha, 5 Meerabai Marg, Lucknow. Accordingly, the Court granted them a last opportunity to appear before the Court.

On the last date, counsel appeared on behalf of the Arya Samaj Pratinidhi Sabha and filed the details as asked by the Court. Thereafter, time was sought to file suggestions as to “how the Arya Samaj Pratinidhi Sabha may control and regulate the affairs of the societies affiliated with the Sabha so far as the solemnization of marriage is concerned.”

Since the letter seeking suggestions from various departments was issued just a day prior to the hearing of the case, Justice Diwakar remarked that a casual approach was being adopted by the authorities in this matter and this would take years to come to a logical end.

“In all the petitions, almost similar set of assertions are made and the respective learned counsel for the petitioners submit that the petitioners are major and married according to Hindu law, meeting the requirement of section 5 of the Hindu Marriage Act, 1955. The petitioners have married against the wishes of their parents and, therefore, face serious threats to their lives from their respective parents.”

Noting the names of 15 such societies/trusts/temples which were issuing marriage certificates, the Court observed that upon police verification, in most cases it was found that either the societies were fraud or not affiliated with the Head Office or the marriages were solemnized in contravention of the Child Marriage Restraint Act and Section 5 of the Hindu Marriage Act, 1955. Even the details and documents provided by the parties were forged.

Accordingly, the Court directed Commissioners of Police, Gautam Budh Nagar and Ghaziabad, to conduct a thorough and discreet inquiry into the trusts mentioned who were involved in solemnizing marriages in contravention of section 5 of the Hindu Marriage Act, 1955 and the provisions of Child Marriage Restraint Act, 1929.

The case is directed to be listed on 26.09.2024.

Case Title: Shanidev And Another v. State Of Up And 7 Others

Counsel for Petitioner: Ranjeet Kumar Yadav

Counsel for Respondent: C.S.C., Nipun Singh

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