# Shani Dev & Anr v. State of U.P. & Ors

- **Citation:** (2025) 5 ILRA 949
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2025-05-12
- **Case number:** Writ C No. 22491 of 2024
- **Bench:** Vinod Diwakar
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/shani-dev-anr-v-state-of-u-p-ors-53549
- **Pages:** 16

## Headnote

(A) Family Law - Marriage Registration -
Fraudulent
Certificates
-
The
Hindu
Marriage Act, 1955 - Child Marriage
Restraint Act, 1929 - Uttar Pradesh
Marriage Registration Rules, 2017 - Hindu
Marriage Registration Rules ,1973 - Largescale misuse of Arya Samaj marriage
certificates for filing couple-protection
writs - Police verification revealing forged
Aadhar,
PAN,
educational
certificates,
fabricated
witnesses,
and
underage
marriages
-
Pattern
of
registering
marriages in Ghaziabad/Gautam Buddha
Nagar
without
residence
nexus
-
Involvement/Negligence of local police
and Registrar offices - Court orders
institutional reforms, amendment to 2017
Rules, and interim guidelines for marriage
registration
-
Directions
for
interdepartmental
verification
mechanism.
(Para 5, 7 to 35)

Petitioners, claiming to have married against
family wishes - sought police protection -
State disputed genuineness of Arya Samaj
marriage certificate - verification revealed
systemic misuse of forged certificates in
similar petitions - involving underage parties
and non-existent societies - prompting Court
to issue state-wide remedial directions. (Para
3 to 7, 12 to14)

HELD: - Article 21 guarantees right to choose
life partner upon attaining majority, but such
right cannot be invoked through forged or
fabricated documents to circumvent statutory
provisions. State bound to ensure statutory
compliance, safeguard sanctity of marriage, and
prevent misuse of protection writs, directed
amendment of U.P. Marriage Registration Rules,
2017 within six months and issued binding
interim guidelines for marriage registration.
Petitions disposed with liberty to seek relief from
concerned SSP after verification. (Para 13, 30 to
38)

Petitions disposed of. (E-7)

## Text

_Characters 0–39,797 of 47,060. This is a partial read: ask again with offset=39797 for what follows._

5 All. Shani Dev & Anr. Vs. State of U.P. & Ors.
949
available under Section 23 of the Act of
1996.

18. Needless to say that any of the
observations made in the present judgment
may not be construed to the expression that
this Court has adjudicated the matter on
merits.

19. It is made clear that in case the
petitioner will file an application before the
arbitrator, the same should be decided
expeditiously
and
without
granting
unnecessary adjournment.
----------
(2025) 5 ILRA 949
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 12.05.2025

BEFORE

THE HON'BLE VINOD DIWAKAR, J.

Writ C No. 22491 of 2024
With
Other Connected Cases

Shani Dev & Anr. ...Petitioners
Versus
State of U.P. & Ors. ...Respondents

Counsel for the Petitioners:
Sri Nipun Singh, Sri Ranjeet Kumar Yadav

Counsel for the Respondents:
Sri Ram Vishal Mishra, C.S.C.

(A) Family Law - Marriage Registration -
Fraudulent
Certificates
-
The
Hindu
Marriage Act, 1955 - Child Marriage
Restraint Act, 1929 - Uttar Pradesh
Marriage Registration Rules, 2017 - Hindu
Marriage Registration Rules ,1973 - Largescale misuse of Arya Samaj marriage
certificates for filing couple-protection
writs - Police verification revealing forged
Aadhar,
PAN,
educational
certificates,
fabricated
witnesses,
and
underage
marriages
-
Pattern
of
registering
marriages in Ghaziabad/Gautam Buddha
Nagar
without
residence
nexus
-
Involvement/Negligence of local police
and Registrar offices - Court orders
institutional reforms, amendment to 2017
Rules, and interim guidelines for marriage
registration
-
Directions
for
interdepartmental
verification
mechanism.
(Para 5, 7 to 35)

Petitioners, claiming to have married against
family wishes - sought police protection -
State disputed genuineness of Arya Samaj
marriage certificate - verification revealed
systemic misuse of forged certificates in
similar petitions - involving underage parties
and non-existent societies - prompting Court
to issue state-wide remedial directions. (Para
3 to 7, 12 to14)

HELD: - Article 21 guarantees right to choose
life partner upon attaining majority, but such
right cannot be invoked through forged or
fabricated documents to circumvent statutory
provisions. State bound to ensure statutory
compliance, safeguard sanctity of marriage, and
prevent misuse of protection writs, directed
amendment of U.P. Marriage Registration Rules,
2017 within six months and issued binding
interim guidelines for marriage registration.
Petitions disposed with liberty to seek relief from
concerned SSP after verification. (Para 13, 30 to
38)

Petitions disposed of. (E-7)

(Delivered by Hon'ble Vinod Diwakar, J.)

1. Heard learned counsel for the
petitioners, Shri Ashwani Kumar Tripathi,
learned Additional Chief Standing Counsel
for the State-respondents, and perused the
record.

2. Since the issues involved in the
present writ petition are similar to those
raised in 124 connected petitions, all the
petitions are being heard and decided
together by a common order.
950 INDIAN LAW REPORTS ALLAHABAD SERIES

3. The present writ petition has been
filed by the petitioners seeking a direction
to the Senior Superintendent of Police,
Etawah, to take appropriate steps for
ensuring their safety and protection. The
petitioners are stated to be residents of
Village Niloi, Police Station Jaswant
Nagar, District Etawah, and claim to have
solemnized their marriage on 03.06.2024 at
Arya Samaj Mandir, Greater Noida, which
has been affiliated with Arya Samaj
Pratinidhi
Sabha,
5
Meerabai
Bagh,
Lucknow.

4. It has been submitted by the
petitioners that they have solemnized their
marriage against the wishes of their
respective families, due to which they
apprehend threats to their lives. In this
regard, a complaint was submitted to the
S.S.P. Etawah on 08.07.2024, requesting
police protection. The said complaint was
sent through registered post from the Post
Office located within the High Court
premises.
The
petitioners
have
also
annexed photocopies of their Aadhar Cards
to substantiate their claim that both
individuals were of marriageable age at the
time of the marriage.

5. Learned Additional Chief Standing
Counsel has raised serious doubts regarding
the genuineness of the marriage certificate
annexed as Annexure-3, alleging it to be a
forged document. He has drawn the
attention of this Court to the certificate,
purportedly issued by Arya Samaj Mandir,
Greater Noida, which lacks essential details
such as the name of the priest- who has
solemnized the marriage, the registered
address of the Arya Samaj Mandir, names,
addresses, and contact details of the
witnesses. These omissions raise significant
concerns as to whether the marriage was
performed
in
accordance
with
the
provisions of the Hindu Marriage Act,
1955. It has been submitted that the
petitioners have applied for registration of
marriage before the Marriage Registration
Officer, Ghaziabad.

5.1 He further submitted that,
since the petitioners sent their complaint to
the Senior Superintendent of Police,
Etawah, through registered post from the
Post Office located within the High Court
premises, it is evident that they did not
appear in person before the local police
authorities. On this ground, it is contended
that the writ petition is not maintainable at
the threshold and is liable to be dismissed
in limine.

6. This is not the first instance where
the learned Additional Chief Standing
Counsel has raised such serious objections,
questioning both the maintainability and
the merits of the petition. It has been
consistently argued that several such
petitions have been filed with fabricated
marriage certificates and forged Aadhar
Cards- a prerequisite condition to file a
petition before this court for the purpose of
photo identification.

7. This Court has observed that in
many such cases, the marriage certificates
are issued by societies purportedly located
in (a) Ghaziabad, (b) Gautam Buddha
Nagar,
and
(c)
Prayagraj.
Upon
verification, it has been revealed that 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. It has also come to light that
the individuals named as witnesses were
fictitious, their details, including Aadhar
Cards,
were
forged,
and
the
institutions/organizations
issuing
such
certificates lacked any legal entitlement
5 All. Shani Dev & Anr. Vs. State of U.P. & Ors.
951
under their bye-laws. No actual marriage
ceremony had taken place in numerous
cases.

8. Further, a pattern has emerged
where, for instance, petitioners who are
presently residing at Ahmedabad claim to
have solemnized marriage in Maharashtra
in a temple, yet register the marriage in
Ghaziabad, and thereafter approach this
Court seeking protection from the parents
who are residing in Jaunpur, U.P. The
documents annexed in support of such
petitions, especially proof of age and
marriage, are often found to be forged.
Many female petitioners have been found
to be minors, ranging from 14 to 16 years
of age. In several cases, it has also come to
notice that the male petitioners entered into
these alliances without disclosing previous
marriages,
relying
instead
on
fake
certificates and morphed photographs.
Instead of approaching the concerned
S.S.P. directly, the petitioners merely
dispatched a request letter from the post
office at Prayagraj and immediately filed
petitions invoking the writ jurisdiction of
this Court.

9. Due to the high volume of such
petitions, a separate category, titled "WritC
(Couple
Protection),"
has
been
introduced in the roster of this Court. While
the Court acknowledges that some petitions
involve genuine litigants who truly require
judicial protection and intervention, it is
equally apparent that such cases are
relatively few compared to the large
number of petitions based on fabricated
documents and false claims filed by
ignorant litigants with the intervention of
touts.

10. Given the seriousness of the
matter and the increasing trend of filing
fraudulent petitions in the guise of seeking
protection, this Court has directed the
Senior Superintendent of Police concerned-
in whose jurisdiction the parents of the
petitioners are stated to reside- to carry out
a detailed verification on the following four
counts:

(i) A para-wise response to the
contentions raised in the writ petition;

(ii) Verification of the Aadhar
Card,
PAN
Card,
and
educational
certificates of the petitioners;

(iii) Confirmation as to whether
the marriage was solemnized in accordance
with the provisions of the Hindu Marriage
Act, 1955, and whether both petitioners
were of legal age at the time of marriage;

(iv) Verification of the marriage
certificate from the priest (Purohit) who
allegedly conducted the ceremony, and
from the issuing authority, such as the
President/Secretary of the society.

11. Following receipt of the police
verification reports, it has been found that
in almost 25% of the cases, the petitioners
ceased to appear before the Court. In
several other cases, their counsels began
seeking adjournments rather than arguing
the matter on merits.

12. Investigations unveiled that many
purported
marriage
certificates
were
forged, issued by unregistered or fictitious
Arya Samaj trusts and societies. These
entities operated in violation of the Hindu
Marriage Act and the Child Marriage
Restraint
Act,
frequently
solemnizing
marriages involving underage couples. The
courts noted the fabrication of key
documents such as Aadhaar cards, PAN
cards, affidavits, and birth certificates,
creating a systemic problem that not only
threatened the sanctity of marriage but also
952 INDIAN LAW REPORTS ALLAHABAD SERIES
facilitated
human
trafficking,
sexual
exploitation, and other social evils.

13. Undoubtedly, every citizen, upon
attaining the age of majority, has the
fundamental right to choose a life partner
and enter into a matrimonial alliance or
live-in relationship. However, this right
cannot be exercised by circumventing
statutory
provisions
or
through
the
submission
of
forged
and
fabricated
documents to the Court, seeking protection
under the guise of Article 21 of the
Constitution of India. 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.

14. In light of the foregoing
deliberations, this Court directed the
Assistant Inspector Generals (AIGs) of
Stamp and Registration, Ghaziabad and
Gautam Buddha Nagar, to appear in person
before this Court. They were further
directed
to
produce
the
Marriage
Registration Rules, relevant Notifications,
Government Orders, or any other material
governing
the
procedure
for
the
solemnization
and
registration
of
marriages. Additionally, they shall furnish
details of all marriages registered within
their respective territorial jurisdictions.

14.1 A direction was also issued
to the District Magistrate, Prayagraj, to
constitute a special team comprising the
following members: (i) a police officer not
below the rank of Assistant Commissioner
of Police (ACP), who is familiar with the
facts and orders passed by this Court,(ii)
the Assistant Registrar, Societies and Chits,
Prayagraj, (iii) the Marriage Registration
Officer, Prayagraj, and (iv) any other
officer deemed necessary, in consultation
with
the
Commissioner
of
Police,
Prayagraj.

14.2 The said team was also
directed to visit all societies, whether
registered or unregistered, as well as
Purohits who are involved in solemnising
marriages and issuing marriage certificates
in cases involving runaway couples within
the
territorial
jurisdiction
of
District
Prayagraj.

14.3 The district Magistrates of
Ghaziabad and Gautam Buddha Nagar
were also directed to undertake a similar
exercise.

14.4 The Committee was also be
entrusted
with
the
responsibility
of
submitting suggestions to streamline and
regulate the functioning of organizations
involved in the solemnization of marriages
and the subsequent issuance of marriage
certificates.

15. The Inspector General, Stamp and
Registration, Uttar Pradesh, has submitted
data regarding the number of marriages
registered across the State from 01.08.2023
to 01.08.2024. The information has been
provided district-wise, and the details are
reproduced herein below:

From 01.08.2023 tο 01.08.2024
District Name
Total Number of
Marriage
Registered
Saharanpur
1178
Muzaffarnagar
1014
Bijnor
1106
Moradabad
1528
Rampur
747
Amroha
613
Meerut
4025
Baghpat
610
Ghaziabad
29022
Gautam Buddha Nagar
3008
Bulandshahar
1123
5 All. Shani Dev & Anr. Vs. State of U.P. & Ors.
953
Aligarh
1281
Hathras
493
Mathura
1491
Agra
3630
Firozabad
487
Mainpuri
389
Badaun
280
Bareilly
1623
Pilibhit
904
Shahjahanpur
843
Lakhimpur Kheri
748
Sitapur
241
Hardoi
318
Unnao
655
Lucknow
8001
Rae Bareli
565
Farrukhabad
474
Kannauj
237
Etawah
352
Auraiya
270
Kanpur Dehat
410
Kanpur Nagar
7094
Jalaun
478
Jhansi
1611
Lalitpur
222
Hamirpur
214
Mahoba
151
Banda
291
Chitrakoot
112
Fatehpur
414
Pratapgarh
940
Kaushambi
186
Prayagraj
2519
Barabanki
191
Ayodhya
533
Ambedkar Nagar
364
Sultanpur
347
Bahraich
216
Shrawasti
51
Balrampur
284
Gonda
581
Siddharthnagar
127
Basti
285
Sant Kabir Nagar
187
Mahrajganj
215
Gorakhpur
2284
Kushinagar
452
Deoria
635
Azamgarh
733
Mau
444
Ballia
1517
Jaunpur
846
Ghazipur
1202
Chandauli
466
Varanasi
2711
Bhadohi
194
Mirzapur
530
Sonbhadra
235
Etah
364
Kasganj
119
Amethi
287
Hapur
464
Sambhal
875
Shamli
519
Total
100156

16. The report indicates that a total of
29,022
marriages
were
registered
in
Ghaziabad and 3,008 in Gautam Buddha
Nagar during the period from 01.08.2023 to
01.08.2024. Similarly, the number of
registered marriages in other major districts
includes: Agra- 3,630; Lucknow- 8,001;
Prayagraj-
2,019;
Gorakhpur-
2,284;
Varanasi- 2,711; and Meerut- 4,025.

16.1 In contrast, significantly
lower numbers were recorded in several
districts, such as: Shrawasti- 51; Kasganj-
119; Chitrakoot- 112.

16.2 Furthermore, in the districts
of Hathras, Firozabad, Mainpuri, Badaun,
Hardoi, Farrukhabad, Kannauj, Etawah,
Jalaun,
Lalitpur,
Hamirpur,
Mahoba,
Banda, Kaushambi, Sultanpur, Bahraich,
Balrampur, Siddharth Nagar, Basti, Sant
Kabir Nagar, Maharajganj, Mau, Bhadohi,
Etah, Amethi, Hapur, and others, fewer
than 500 marriages were registered during
the same period.

17. Upon examination of the report
submitted by the Office of the Assistant
954 INDIAN LAW REPORTS ALLAHABAD SERIES
Inspector General of Registration, it is
revealed that out of a total of 29,022, the
marriages have been registered in the
following manner by the respective Deputy
Registrar's of district Ghaziabad:

17.1 19,047 marriages were
registered by the Office of the Deputy
Registrar Sadar-V.

17.2 5,177 marriages were
registered by the Office of the Deputy
Registrar Sadar-III.

17.3 2,286 marriages were
registered by the Office of the Deputy
Registrar Sadar-I.

17.4

761
marriages
were
registered by the Office of the Deputy
Registrar Sadar-II, Ghaziabad.

17.5

299
marriages
were
registered by the Office of the Deputy
Registrar Modi Nagar, Ghaziabad.

17.6

78
marriages
were
registered by the Office of the Deputy
Registrar Loni-I.

17.7

22
marriages
were
registered by the Office of the Deputy
Registrar Loni-II.

17.8 It has further been observed
that, in a significant number of cases
registered in Ghaziabad, both the bride and
groom were predominantly residents of the
eastern regions of Uttar Pradesh. They had
no access or connection with Ghaziabad,
except for the purpose of solemnizing the
marriage and subsequently registering it at
the
Marriage
Registration
Office,
Ghaziabad at the Office of the Deputy
Registrar Sadar-V and III.

18. This large-scale fraud could not
have occurred without the tacit support or
wilful negligence of the local police and
Deputy Registrar office. The continuation
of such activities in an organized manner
strongly suggests their knowledge, if not
outright consent. The sanctity of the
institution of marriage has been seriously
undermined
by
individuals
who
purportedly performed marriages under the
Hindu Marriage Act, 1955, in blatant
disregard of its statutory requirements.
Such practices have set a disturbing
precedent that threatens to adversely affect
the social fabric of society.

19. In view of the aforesaid facts and
the gravity of the situation, this Court
directed the Inspector General, Stamp and
Registration, to thoroughly investigate the
reasons behind the registration of 29,022
marriages in Ghaziabad, in stark contrast to
the marriages registered in other districts.
The Inspector General is further directed to
submit
suggestions
and
recommend
appropriate remedial measures to address
the discrepancies and prevent any misuse
of the marriage registration process.

20. The Inspector General of
Registration initially submitted a few
suggestions; however, these were found to
be inadequate to effectively address the
growing
social
issue
arising
from
elopement
and
runaway
marriages-
predominantly involving underage couples
in violation of the Child Marriage Restraint
Act, 1929. Such clandestine unions often
result in families being torn apart by
sudden and secretive alliances. It is
imperative that the office of the Inspector
General,
Registration,
undertakes
a
meaningful and coordinated dialogue with
all
relevant
stakeholders,
including
authorities responsible for issuing Aadhar
Cards, PAN Cards, Birth Certificates,
Educational
Board
certificates,
and
marriage certificates issued by societies and
trusts. Since these documents contain the
date of birth, their verification prior to the
issuance of marriage certificates by the
5 All. Shani Dev & Anr. Vs. State of U.P. & Ors.
955
Marriage Registration Office is essential to
ensure
compliance
with
statutory
provisions.

21. Such marriages often precipitate
grave
consequences
including
human
trafficking, sexual exploitation, and forced
labour. The children involved suffer
profound emotional and psychological
trauma resulting from social instability,
exploitation, coercion, manipulation, and
interruption of their education. Moreover,
these issues impose a substantial burden on
the judicial system. Accordingly, it is
imperative to establish a robust mechanism
for thorough document verification and to
ensure stringent accountability of trusts and
societies involved in solemnizing and
registering marriages.

22.

Against
this
backdrop,
suggestions were also invited from the
Hon'ble Members of the Allahabad High
Court Bar Association regarding measures
to regulate frivolous petitions founded on
forged documents, with a view to enforcing
the provisions of the Child Marriage
Restraint Act and preserving the sanctity of
the institution of marriage, as well as
safeguarding the welfare of society at large.
In this regard, Shri R. V. Mishra, learned
Advocate, has been appointed as Amicus
Curiae
to
assist
this
Court
in
its
deliberations.

23.

Based
on
the
foregoing
deliberations, the Commissioners of Police,
Gautam Buddha Nagar and Ghaziabad, are
hereby directed to conduct a thorough and
discreet inquiry into the activities of trusts
and societies involved in solemnizing
marriages in contravention of the provisions
of the Hindu Marriage Act, 1955, and the
Child Marriage Restraint Act, 1929. The
scope of the investigation shall include, but
not be limited to, the following:

(i) Preparation of a comprehensive
list of all trusts and societies performing
marriages within the territorial jurisdiction of
the districts of Gautam Buddha Nagar and
Ghaziabad;

(ii) Profiling of key functionaries of
such trusts/societies, including the President,
Secretary,
and
Purohit
officiating
the
marriages,
covering
social
background,
financial status, and any criminal antecedents,
as well as any other individuals directly or
indirectly involved;

(iii) Identification and analysis of
resources, links, and contacts through which
the trust management- being the beneficiaries
of these activities- approaches eloped boys
and girls for solemnizing their marriages;

(iv)
Compilation
of
details
regarding persons who assist eloped couples
in fabricating false documents related to age,
residential addresses, affidavits, and bogus
police complaints, and who provide shelter or
protection against legal action;

(v)
Examination
of
financial
transactions
conducted
by
the
trusts/societies;

(vi) Collection of any other discreet
information that may assist this Court in
comprehensively understanding the modus
operandi of this entire cycle- from the
solemnization of marriages to the filing of
protection petitions in Court based on forged
documents.

24. During the pendency of the petition,
the Ghaziabad Police registered six First
Information Reports (FIRs) against various
sham societies and trusts involved in
conducting fraudulent marriages and issuing
forged marriage certificates. The details are
as under:
956 INDIAN LAW REPORTS ALLAHABAD SERIES

(i) Case Crime No.470 of 2024,
under section 318(4) of BNS, Police
Station
Kotwali,
Ghaziabad
Commissionerate.

(ii) Case Crime No.471 of 2024,
under section 318(4) of BNS, Police
Station
Kotwali,
Ghaziabad
Commissionerate.

(iii) Case Crime No.1030 of
2024, under section 318(4) of BNS, Police
Station
Kavi
Nagar,
Ghaziabad
Commissionerate.

(iv) Case Crime No.753 of 2024,
under section 318(4) of BNS, Police
Station
Vijay
Nagar,
Ghaziabad
Commissionerate.

(v) Case Crime No.940 of 2024,
under section 318(4) of BNS, Police
Station
Nandgram,
Ghaziabad
Commissionerate.

(vi) Likewise, an FIR was also
registered as Case Crime No.619 of 2024,
under
section
318(4)
of
BNS,
and
subsequently amended to include Sections
338/336(3)/340(2) of BNS at P.S. Surajpur.

25. Upon perusal of the affidavit filed
by the Commissioner of Police, Prayagraj,
it is observed that ten First Information
Reports (FIRs) have been registered against
the alleged culprits. The details are outlined
below:

(i) Case Crime No.218 of 2024,
under sections 318(4), 338, 336(3), 340(2)
of BNS, 2023, at Police Station- Cantt.,
Prayagraj.

(ii) Case Crime No.235 of 2024,
under sections 318(4), 338, 336(3), 340(2)
of BNS, 2023, at Police Station- Cantt.,
Prayagraj.

(iii) Case Crime No.236 of 2024,
under sections 318(4), 338, 336(3), 340(2)
of BNS, 2023, at Police Station- Cantt.,
Prayagraj.

(iv) Case Crime No.237 of 2024,
under sections 318(4), 338, 336(3), 340(2)
of BNS, 2023, at Police Station- Cantt.,
Prayagraj.

(v) Case Crime No.219 of 2024,
under sections 318(4), 338, 336(3), 340(2)
of BNS, 2023, at Police Station- Cantt.,
Prayagraj.

(vi) Case Crime No.239 of 2024,
under sections 318(4), 338, 336(3), 340(2)
of BNS, 2023, at Police Station- Cantt.,
Prayagraj.

(vii) Case Crime No.613 of 2024,
under sections 318(4), 338, 336(3), 340(2)
of BNS, 2023, at Police Station- Handia,
Prayagraj.

(viii) Case Crime No.182 of
2024, under sections 319(2), 318(4),
336(3), 340(2) of BNS, 2023, at Police
Station- Kaundiyar, Prayagraj.

(ix) Case Crime No.238 of 2024,
under sections 318(4), 338, 336(3), 340(2)
of BNS, 2023, at Police Station- Cantt.,
Prayagraj.

(x) Case Crime No.189 of 2024,
under sections 336(2), 338, 336(3), 340(2)
of BNS, sections 9/10/11 of the Prohibition
of Child Marriage Act, at Police Station-
Holagarh, Prayagraj.

26. An affidavit dated 26.11.2024,
filed by the Commissioner of Police,
Prayagraj, states that a detailed scrutiny of
77 writ petitions connected with the leading
case, Civil Misc. Writ Petition (C) No.
22491 of 2024, Shanidev & Another vs.
State of Uttar Pradesh & Others, was
conducted, till the filing of the compliance
affidavit.
Upon
examination,
it
was
revealed that in 10 of these petitions, the
petitioners had annexed forged marriage
certificates purportedly issued by Arya
Samaj organizations. However, the office
bearers of the concerned Arya Samaj
organizations categorically denied issuing
5 All. Shani Dev & Anr. Vs. State of U.P. & Ors.
957
such
certificates
or
solemnizing
the
marriages of the petitioners.

26.1 In such cases, it was
established that forged documents and
fabricated
marriage
certificates
were
attached to the writ petitions to seek legal
relief from this Court, which is illegal. In
instances where prima facie offences were
identified, First Information Reports (FIRs)
were registered in the Ganganagar Zone,
City
Zone,
Yamunanagar
Zone,
and
Commissionerate Prayagraj.

26.2 It is further stated that in
Case Crime No. 218/2024, registered under
Sections 318(4), 338, 336(3), and 340(2) of
the Indian Penal Code at Police Station
Cantt, Commissionerate Prayagraj, during
the investigation, the petitioner, Shrikant,
son
of
Raju,
resident
of
Village
Mohanpura, Larkhor, Police Station Saifai,
Etawah, was arrested on 02.11.2024 by the
Investigating
Officer.
Based
on
his
statement and information received from a
reliable informant, the police proceeded to
Ajay Enterprises, a photocopy shop near
the High Court, where two individuals were
found working on separate computers.
Upon inquiry, one identified himself as
Raja alias Shesh Mani Dubey and the other
as Anil Kumar Prajapati.

26.3 During inspection of the
computer operated by Raja alias Shesh
Mani Dubey, the Investigating Officer
discovered a proforma of a marriage
certificate purportedly issued by Arya
Samaj, Krishna Nagar, Prayag (address:
529,
K.L., Krishna
Nagar,
Kydganj,
Prayagraj). A colour printout of the
proforma was obtained using the printer
connected to the computer, which revealed
a printed certificate bearing illegible
signatures of a priest and a seal with the
name "Santosh Kumar Shastri, Priest, Arya
Samaj Prayag," along with signatures and
seals of the issuing authority.

26.4 Upon inspection of the
second computer, marriage certificates
from two other institutions were found: one
from "Arya Samaj Gaushala Nagar,
Vrindavan-Mathura, affiliated with the
Sarvadeshik Sabha, New Delhi," and the
other from "Arya Samaj Ulau Kheda,
Firozabad,
U.P."
Printouts
of
these
proformas
were
also
obtained.
The
proforma of the first certificate bore
illegible signatures of "Shyam Sundar
Arya," along with a seal stating "Secretary,
Arya Samaj Gaushala Nagar, Vrindavan,
Mathura," while the second certificate bore
an illegible seal and signature of "Arya
Samaj Ulau Kheda, Firozabad, U.P." Both
computers were connected to a common
printer.

26.5
Upon
inspecting
the
computer used by Anil Kumar Prajapati,
the Investigating Officer discovered a
signed and sealed proforma of a marriage
certificate purportedly issued by Arya
Samaj Ulau Kheda, Firozabad, U.P. A
color printout of the proforma was taken,
confirming these details. Both accused
were informed of the charges against them
and subsequently arrested. The police
seized computer CPUs, keyboards, mouse,
printers, and monitors, and followed all
necessary legal procedures, as documented
in case diary no. 8.

26.6 During the investigation of
Case Crime No. 613/2024, registered under
Sections 318(4), 338, 336(3), and 340(2)
IPC
at
Police
Station
Handia,
Commissionerate
Prayagraj,
accused
Ashish Kumar (aged 19), son of Nandlal,
resident of Harson Pur, Ahiri, Police
Station Handia, Prayagraj, was arrested on
30.10.2024
by
Sub-Inspector
Mani
Bhushan Shukla, and appropriate legal
actions were initiated.
958 INDIAN LAW REPORTS ALLAHABAD SERIES

26.7 In compliance with the order
dated 07.11.2024 passed by the Hon'ble
Allahabad High Court in Civil Misc. Writ
(C) No. 24353/2024 (Smt. Preeti and
Others v. State of Uttar Pradesh and
Others), the deponent, through letter no. A3944/2024 dated 17.11.2024, initiated an
inquiry which revealed that the petitioners
had submitted forged marriage certificates
to seek protective relief from the High
Court, an act that is illegal. Consequently,
First Information Report (F.I.R.) No.
248/2024 was registered at Police Station
Cantt, Commissionerate Prayagraj, under
Sections 318(4), 338, 336(3), and 340(2) of
the IPC against Smt. Preeti, Bhupendra,
and
other
unidentified
persons.
The
investigation is currently ongoing.

27. In compliance with the order
dated 7.11.2024, the District Magistrate,
Gautam Buddha Nagar, constituted a
committee vide letter dated 14.11.2024.
The
committee
comprises
the
Sub
Divisional Magistrate, Gautam Buddha
Nagar,
as
Chairman;
the
Assistant
Commissioner of Police, Headquarters,
Gautam
Buddha
Nagar;
the
Deputy
Registrar (Chits & Funds), Gautam Buddha
Nagar; Sub-Registrar-I; and the SubRegistrar, Dadri, Gautam Buddha Nagar.
The committee has been tasked with
examining the issues raised in this matter
and submitting its report to the Court.

28. The Assistant Inspector General
of Registration, Prayagraj, submitted an
affidavit dated 6.12.2024 by incorporating
with the suggestions based on the findings
of the committee's report, forwarding the
following suggestions, which are outlined
herein after.

28.1 All marriages solemnized or
conducted in Uttar Pradesh are registered
under
the
Uttar
Pradesh
Marriage
Registration Rules, 2017. However, these
rules neither ask in the application about
the religious customs/rituals under which
the marriage was solemnized nor mention
them in the registration certificate. An
amendment to the rules is recommended to
mandate applicants to provide details
regarding the customs and traditions under
which the marriage was solemnized or
conducted.
Only
after
the
proposed
amendment can compliance with the Hindu
Marriage Act, 1955 or other applicable
marriage laws for different religions be
ensured.

28.2 Under the Uttar Pradesh
Marriage
Registration
Rules,
2017.
marriage registration is currently based on
the declarations made by applicants and the
verification of uploaded evidence and
certificates with their originals. However,
in the existing online registration system,
there is no provision to authorize the
Marriage Registration Officer to raise
objections and reject applications on
grounds of suspicion. In case of doubts, the
parties are simply sent back, and no record
of such instances has been maintained in
the office. It is recommended to amend the
current system to maintain records of
objections
raised
by
the
Marriage
Registration Officer, ensuring transparency.
For the implementation of this, necessary
amendments to the existing rules are also
required.

28.3 It appears necessary to frame
rules or laws to regulate institutions,
religious individuals, priests, and others
involved in conducting marriages. This will
help curb the issuance of fraudulent
marriage certificates and ensure that the
marriage process is conducted authentically
and in compliance with legal standards.

28.4 Directions be given to the
institutions
conducting
marriages
to
5 All. Shani Dev & Anr. Vs. State of U.P. & Ors.
959
maintain photocopies of documents such as
age and residence proofs of the bride and
groom.
This
measure
will
ensure
accountability
and
provide
verifiable
records in case of any disputes or legal
investigations in the future.

28.5 A robust and reliable system
for
the
online
verification
of
age
certificates should be developed and
integrated with the marriage registration
process. This will ensure the authenticity of
age
verification
during
marriage
registration and prevent misuse of false
documents.

28.6 The Marriage Registration
Officer should have the authority or legal
sanction to register a marriage only after
verifying the age certificates and marriage
documents. This will ensure compliance
with legal requirements and prevent the
registration
of
marriages
based
on
incomplete or fraudulent information.

28.7
It
is
noteworthy
that
currently in Uttar Pradesh, no marriage is
registered under the Hindu Marriage
Registration
Rules,
1973.
Since
the
implementation of the Uttar Pradesh
Marriage Registration Rules, 2017, on
August 13, 2017, the registration of
marriages of all religions are registered
under these rules. It is also important to
note that these rules were framed by the
Department
of
Women
and
Child
Development, The Department of Stamp &
Registration has no authority to amend
them to plug the loopholes in marriage
registration process. Therefore, it is prayed,
that the court may kindly issue necessary
directives regarding amendments to the
Rules, 2017.

29. Following consultations with the
aforementioned stakeholders, the office of
the
Inspector
General,
Stamp
and
Registration, after extensive consultations
with stakeholders, issued Notification No.
1547/24 dated 14.10.2024, whereby clear
and specific instructions has been issued to
the office of Deputy Registrar. The relevant
portion of notification dated 14.10.2024 has
been extracted herein below:

"प्रेषक,

सहायक महाननरीिक ननबंधन,

गाण्जयाबाद।
x x x x x x

संख्याः
1547
/
स०म०नन०गा०बाद/2024 ददनांक 14-10-2024

ववपयः- शसववल शमस ररट याचचका
संख्या-22491 वर्ि 2024 िर्नदेव व अन्य
बनाम उत्तर प्रदेि राज्य व अन्य में
अशिकथन (Instructions) दाखिल ककये
जाने के सम्बन्ध में।

महोदय,

कृपया
उपयुतक्त
ववषयक
ससववल समस ररट याथचका संख्या-22491 वषत
2024 शननदेव व अन्य बनाम उत्तर प्रदेश राज्य
व अन्य का सन्दभत ग्रहर् करने का कष्ट करें,
ण्जसके द्वारा उक्त ररट याथचका में मा० उच्च
न्यायालय, इलाहाबाद द्वारा ददनांक 07.08.2024
व 03.09.2024 को पाररत आदेश के अनुपालन
में पूवत में इस कायातलय द्वारा ननगत पत्र
संख्या-1404/2024 ददनांक 20.09.2024 द्वारा
असभकर्न दाखिल ककया गया है।

प्रश्नगत प्रकरर् में मा०
उच्च न्यायालय, इलाहाबाद द्वारा पाररत
960 INDIAN LAW REPORTS ALLAHABAD SERIES
आदेशों के अनुपालन में महाननरीिक
ननबंधन, उत्तर प्रदेश, लिनऊ द्वारा अपने
पररपत्र
संख्या-3375/तीन-ए-सश०का०
लि०/2024 ददनांक 10 अक्टूबर, 2024, जो
समस्त उप महाननरीिक ननबंधन, उत्तर
प्रदेश,
समस्त
सहायक
महाननरीिक
ननबंधन, उत्तर प्रदेश, एवं समस्त उप
ननबंधक, उत्तर प्रदेश को सन्बोथधत तर्ा
अन्य को पृष्ठांककत ककया गया है। उक्त
पररपत्र
द्वारा
कायातलय
महाननरीिक
ननबंधन, उत्तर प्रदेश द्वारा पूवत में ननगत
पररपत्रों को अवक्रसमत करते हुए नवीन
पररपत्र जारी ककया गया है, ण्जसमें वववाह
रण्जस्रीकरर् ववषयक् ननमनसलखित ददशा-
ननदेश प्रसाररत ककये गये हैं:-

1- वववाह के दोनों पिकारों (वर
एवं वधु) की पहचान उनकी सहमनत के
आधार पर आधार प्रमार्ीकरर् के माध्यम
से की जायेगी।

2- वववाह के दोनों पिकार यर्ा
वर एवं वधु के सार्-सार् दो साक्षियों का
वववरर् स्टामप एवं रण्जस्रेशन ववभाग
द्वारा उपलब्ध कराये गये सॉफ्टवेयर पर
प्रववण्ष्ट की जायेगी। समबण्न्धत वववाह
पंजीकरर् अथधकारी के समि वर एवं वधु
के सार्-सार् दो साक्षियों के फोटो एवं
बायोमैदरक अंगुष्ठ ननशान सॉफ्टवेयर पर
दजत ककये जायेंगे।

3- वववाह पंजीकरर् अथधकारी
द्वारा वर एवं वधु की जन्मनतथर् के
सत्यापन के समाधान के बाद ही पंजीकरर्
की कायतवाही की जायेगी।

4- केन्रीय माध्यसमक सशिा बोित
के प्रमार्पत्रों के सत्यापन हेतु बोित द्वारा
डिण्जटल शैिखर्क दस्तावेजों के संग्रह हेतु
एक ऑनलाइन व्यवस्र्ा सृण्जत की गयी है,
जो डिण्जलॉकर प्लेटफॉमत के सार् एकीकृत
है। ऐसे समस्त शैिखर्क दस्तावेजों का
सत्यापन https://apisetu.gov.in पर ककया
जायेगा।

5- माध्यसमक सशिा बोित के
प्रमार्पत्रों
के
सत्यापन
हेतु
https://results.upmsp.edu.in पर जाकर वषत
2002 के बाद ननगत परीिाफल ण्जमें
जन्मनतथर् भी अंककत होती है, का सत्यापन
ककया जायेगा।

6- रण्जस्रार जन्म एवं मृत्यु
पंजीकरर् द्वारा ननगत प्रमार्-पत्र का
सत्यापन सी०आर०एस० पोटतल से ववभागीय
पोटतल के ए०पी०आई० संयोजन के पश्चात्
प्राप्त ककया जा सकता है। जन्म प्रमार् पत्र
से समबण्न्धत प्रारण्मभक सूचना जनगर्ना
ववभाग (Census) से प्राप्त की जा सकती
है।

7-
पासपोटत,
स्र्ायी
ड्राईववंग
लाईसेन्स एवं पैन में दजत जन्मनतथर् का
सत्यापन समबण्न्धत ववभाग के पोटतल से
ककया
जायेगा।
उक्त
के
अनतररक्त
ववभागीय सॉफ्टवेयर का Protean e Gov
Technologies Ltd के पोटतल से संयोजन
ककया जाना प्रकक्रयाधीन है, ण्जसके पश्चात
5 All. Shani Dev & Anr. Vs. State of U.P. & Ors.
961
पासपोटत, ड्राईववंग लाइसेन्स एवं पैन में दजत
जन्मनतथर् का सत्यापन एक ही पोटतल से
ककया जा सकेगा।

8- CISCE बोित द्वारा ननगत
प्रमार्-पत्रों का सत्यापन www.cisce.org
पोटतल पर ककया जायेगा।

9- ऐसे प्रकरर्ों में जहां वववाह के
पिकारों से समबण्न्धत सशिर् संस्र्ाओं के
असभलेि ऑनलाईन उपलब्ध नहीं है, वहां मूल
प्रमार् पत्र से समलान करते हुए जन्मनतथर् का
सत्यापन ककया जायेगा। कोई भी जन्मनतथर्
का प्रमार्-पत्र उपलब्ध न होने की दशा में
समबण्न्धत जनपद के मुख्य थचककत्सा
अथधकारी द्वारा ननगत आयु प्रमार्-पत्र से
सत्यापन ककया जायेगा।

10- वर एवं वधु के सार्-सार् दो
साक्षियों के पहचान, पते के प्रमार्-पत्र एवं
आयु के प्रमार्पत्र के रूप में ननमन में से एक
पहचान पत्र अपलोि ककया जायेगा।

(I) पक्षकारों की पहचान के सम्बन्ध में
आधार के अर्तररक्त र्नम्न में से ककसी एक
अर्तररक्त पहचान-पत्र का अपलोर् ककया जाना।

(क) स्र्ायी ड्राईववंग लाईसेन्स ।

(ि) पैन काित

(ग) मतदाता पहचान-पत्र

(घ) पासपोटत

(च) सरकार द्वारा मान्यता प्राप्त
कोई अन्य असभलेि ।

(ii) पक्षकारों के पते के सम्बन्ध
में र्नम्न में से ककसी एक अशिलेि का
अपलोर् ककया जाना।

(क) आधार काित

(ि) मतदाता पहचान-पत्र

(ग) स्र्ायी ड्राईववंग लाईसेन्स ।

(घ) पासपोटत

(ङ) राशन काित

(च) यूदटसलटी बबल (जल, ववद्युत,
टेलीफोन अर्वा गैस बबल)

(छ) रेन्ट एग्रीमेन्ट

(ज) बैंक पासबुक

(झ) सरकार द्वारा ननगत कोई
अन्य असभलेि।

(iii) पक्षकारों की आयु (जन्म र्तचथ
प्रमाण-पत्र) के सम्बन्ध में र्नम्न में से ककसी
एक अशिलेि का अपलोर् ककया जाना।

(क) पासपोटत

(ि) स्र्ायी ड्राईववंग लाईसेन्स।

(ग) पैनकाित

(घ) हाईस्कूल / एस०एस०सी०
प्रमार्-पत्र (सरकार द्वारा मान्यता प्राप्त
बोित द्वारा ननगत)

(ङ)
रण्जस्रार,
जन्म
मृत्यु
पंजीकरर् द्वारा ननगत प्रमार्-पत्र

(च) सी०एम०ओ० द्वारा जारी
जन्मनतथर्/आयु प्रमार्-पत्र

(iv) वर एवं वधु द्वारा दहेज प्रर्तर्ेध
(वर-वधु िेंट सूची) र्नयम 1985 के अन्तर्ित
उपहारों की सूची व अन्य तथ्यों से सम्बन्न्धत
वववरण का प्रारूप स्टाम्प एवं रन्जस्रेिन
वविार् के पोटिल से र्ाउनलोर् कर आवश्यक
प्रववन्टट के बाद िपथ-पत्र के रूप में अपलोर्
ककया जाना।
962 INDIAN LAW REPORTS ALLAHABAD SERIES

(v) वववाह सम्पन्न होने के साक्ष्य
के सम्बन्ध में र्नम्न में से कोई एक
प्रमाण-पत्र अपलोर् ककया जाना।

(क) वववाह स्र्ल के प्राथधकारी /
धासमतक प्राथधकारी द्वारा ननगत प्रमार्-पत्र।

(ि) राजपबत्रत अथधकारी अर्वा
ककसी स्र्ानीय ननकाय के सदस्य द्वारा
ननगत प्रमार्-पत्र।

(ग) वववाह ननमंत्रर् पत्र की प्रनत।
मा० उच्च न्यायालय, इलाहाबाद द्वारा
पाररत आदेशों के अनुपालन में महाननरीिक
ननबंधन, उत्तर प्रदेश, लिनऊ द्वारा अपने
पररपत्र
संख्या-3375/तीन-ए-सश०का०
लि०/2024 ददनांक 10 अक्टूबर, 2024,
द्वारा पूवत में ननगत पररपत्रों को अवक्रसमत
करते हुए उपरोक्त नवीन ददशा-ननदेश
प्रसाररत ककये गये हैं, ण्जसकी छायाप्रनत
सुलभ
सन्दभत
हेतु
माननीय
उच्च
न्यायालय, इलाहाबाद के संज्ञान में लाने हेतु
सादर प्रेवषत है।

संलग्ऩक-यथोवपर।"

30. The fraudulent issuance of
marriage certificates not only violates
statutory provisions but also infringes upon
fundamental rights by exposing minors to
premature marital obligations, potential
exploitation, and denial of educational and
personal development opportunities. This
contravenes constitutional guarantees of
dignity and equality, besides undermining
public order.

31. The involvement of local police
and administrative authorities in enabling
these malpractices calls for institutional
reforms and accountability mechanisms to
prevent future abuses. It also highlights the
need for interdepartmental coordination-
between registration offices, police, welfare
departments, and educational institutions-
to create an integrated verification system.

32. The issues highlighted herein
underscore the pressing need for a robust
and
verifiable
marriage
registration
mechanism to ensure the validity and
sanctity of marriages. While the Hindu
Marriage
Act
lays
down
the
legal
framework
for
the
solemnization
of
marriages and stipulates the consequences
of void and voidable marriages, as well as
other related provisions, its efficacy is
contingent upon the proper enforcement of
its provisions.

33.