Allahabad HC orders probe into Arya Samaj Mandirs, societies, trusts involved in solemnizing ‘illegal’ marriages

The Allahabad High Court has directed the police commissioners of Gautam Budh Nagar (Noida) and Ghaziabad to conduct a discreet inquiry into the functioning of Arya Samaj Mandirs and their affiliated societies or trusts involved in solemnizing marriages.

The move came after several cases revealed that marriages were being solemnised in violation of the Child Marriage Restraint Act and the Hindu Marriage Act.

The court with one judge Judge Vinod Diwakar gave the order after discovering fake Aadhaar cards and fake notarial affidavits in petitions filed by couples.

The court also ruled that the marriage registrars registered marriages on the basis of invalid certificates without proper verification. “Such marriages contribute to human trafficking, sexual exploitation and forced labor. Children suffer emotional and psychological trauma, along with the disruption of their education. These issues further burden the courts,” The Court stated that there is a need for rigorous verification processes and accountability of trusts and associations dealing with marriages.

“Moreover, these issues place a significant burden on the courts. Therefore, a robust system for document verification and ensuring accountability of trusts and associations needs to be developed,” added it.

The court directed the police to investigate key aspects including the names of trusts that solemnised marriages, profiling of their leaders, the involvement of those who helped couples in forging documents and the financial transactions of the trusts. “Based on the above considerations, the Commissioner of Police, Gautam Budh Nagar and Ghaziabad, are directed to conduct a thorough investigation and discreet inquiry into the functions of the above-mentioned trusts/societies involved in solemnizing marriages contrary to Section 5 of the Hindu Marriage Act, 1955 and the provisions of the Child Marriage Restraint Act, 1929,” the court has ordered.

The Court stressed the urgency of addressing the problem and directed the Principal Secretary (Seals and Registration) to personally monitor compliance with the Court’s orders.

“The Registrar (Compliance) is directed to convey this order to the Principal Secretary (Seal and Registration), Lucknow, DIG Meerut Range, Meerut, Commissioner of Police, Ghaziabad, and Commissioner of Police, Gautam Budh Nagar, to ensure compliance, before the next date of hearing,” the court ordered.

Earlier in July, the Court had expressed serious concerns over the fraudulent acquisition of marriage certificates involving officials of the Marriage Registration Office in the process. The Bench had said: “The sanctity of the institution of marriage has been undermined by persons solemnising marriages in violation of the Hindu Marriage Act, 1955, setting off a trend that could have far-reaching implications for the social fabric of society.”

The one-judge court had stated: “This Court must not lose sight of the fact that without the support of the local police and civil administration, such activities cannot be continued in an organised manner.” The Court also condemned the manipulation of the sanctity of marriage, with particular emphasis on the violations of the Hindu Marriage Act, 1955, which can have far-reaching implications for society.

Cause Title: Shanidev & Another vs. State of UP & 7 Others

Appearance:-

Applicant: Lawyer Ranjeet Kumar Yadav

Defendant: Additional Chief Standing Counsel (ACSC) Ashwani Kumar Tripathi

Click here to read/download the Order