Allahabad High Court expresses surprise at issuance of marriage certificates by Arya Samaj. Madhu and Another vs. State of Uttar Pradesh

The Petitioners filed a Criminal Writ Petition for quashing of the F.I.R. dated 21.02.2024 registered as Case Crime No. 76 of 2024, under Sections 363, 366 I.P.C., Police Station Phase-2, District Gautam Buddha Nagar. Though it was mentioned in the F.I.R. that the age of petitioner no.1 was 17 years and 6 months, however, as per the AADHAAR Card her date of birth is 04.05.2004. It was further submitted that petitioner no.1 has performed marriage with petitioner no.2 at Arya Samaj George Town, Prayagraj on 24.02.2024 and they are living together as husband and wife out of their own free-will.
 
The High Court while issuing notice to the respondents observed that:
 
This Court is surprised with such and similar types of marriage certificates issued by the various private institutions like Gurudwara or Temple. It is not clear whether at the time of marriage, the petitioners have given any disclosure before the concerned authority who has issued the marriage certificate that an F.I.R. has already been registered against petitioner no.2 on 21.02.2024. It is also not clear as to what type of documents are maintained by the concerned institution before registration of marriage.
 
The signatory of the marriage certificate (Sr. No. 11/1549) dated 24.02.2024 (Annexure No.3 to the writ petition) issued on behalf of Arya Samaj, George Town, Prayagraj, U.P. is directed to remain present before this Court alongwith the documents regarding performance and registration of such marriages. The said signatory is also directed to file his personal affidavit explaining whether it was informed to them that an F.I.R. has already been registered prior to registration of marriage in the Temple.

Madhu and Another vs. State of Uttar Pradesh