Organized Racket Of Touts Has Emerged Around District Courts That Issue Fake Marriage Certificates: Allahabad HC

A bench of Justice Vinod Diwakar noted that an organised racket of touts and agents has emerged around the district courts in the name of religious trusts, in which qualified legal professionals besides Purohits and touts are also involved.

The Court further noted that local police also shield such 'rouge' elements, and they even fail to trace the source of the fake marriage certificates and other documents created, which in turn allows runaway couples to obtain protection orders from the Courts based on such forged documents.

The Court made this observation while dealing with a protection plea filed by a runaway couple.

Hearing the matter in August this year, the Court raised doubts about the Arya Samaj Marriage documents produced by the petitioners. Thus, the local police were asked to provide a verification report regarding the legitimacy and credibility of such documents filed in the pleas moved by runaway couples.

On October 17, the Court perused the report and noted that in many cases, the documents attached to the petition, such as Aadhar Cards, PAN Cards, or Marksheets, are forged, and the marriage certificates issued by the Trust or society are also found to be fake.

The Court also referred to the following assertions made in the said report:

• The marriages are not solemnized in accordance with the requirements of Section 5 of the Hindu Marriage Act;
• In many cases, the girls involved are aged between 12-15 years and are entering into sham marriages with fully grown male adults, often double their age;
• Touts and agents provide fake documents to run away couples to secure protection orders from the Court, when in fact no marriage has actually taken place.
• The register maintained by the trust or society lacks requisite details such as the witnesses' information, including their mobile numbers, identification documents, and the names of the Purohit, President, and Secretary of the society

In view of this, the Court directed the Commissioner of Police, Ghaziabad, to conduct a thorough inquiry into the role of such organizations, trusts, and rouge elements involved in such offences.

The Court further directed the police to immediately register an FIR and take action in accordance with the law if the inquiry concludes that any of the individuals mentioned above have committed a cognizable offence.

The matter will now come up for further hearing on November 18.

In September this year, the High Court directed an inquiry into the Arya Samaj Mandirs, societies, trusts, and institutions providing marriage certificates, primarily in Gautam Budh Nagar and Ghaziabad and other parts of Uttar Pradesh.

Dealing with protection cases filed by young couples, Justice Vinod Diwakar observed thus:

“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.”