Ensure genuine marriage witnesses, HC tells Arya Samaj Mandir

Taking note of a marriage solemnised between a girl and her phupha (uncle) who falsely claimed to be unmarried, the Delhi high court has asked an Arya Samaj temple to ensure that those who stand witness to such ceremonies are genuine and bonafide.

A bench headed by Justice Prathiba M Singh said the temple shall endeavour to have at least one witness from both sides, who is either a relative or an acquaintance who has known them for a reasonable period of time.

In the present case, the court observed, the manner in which the girl's own uncle falsely declared himself to be unmarried before the Arya Samaj Mandir was "clearly contrary to law" and the marriage was void.

It noted that apart from the couple and the priest who solemnised the marriage, nobody was present at the wedding ceremony performed at the Arya Samaj Mandir in Malviya Nagar. Its "validity and sanctity", the court said, was "completely suspect".

The court was informed that the Arya Samaj temple takes affidavits of parties with respect to their marital status but no further verification is conducted.

"The Arya Samaj Mandir shall henceforth ensure that when witnesses etc, are produced for the purposes of marriage, they are genuine and bonafide witnesses, whose status can be verified properly. The temple shall endeavour to call at least 1 witness who is a relative, from both sides, ie, the bride and the bridegroom and if there is no relative, some acquaintance who knows the parties concerned for a reasonable period of time shall be permitted to become a witness," said the bench, also comprising Justice Amit Sharma, in the order.

"A copy of the present order be sent to the chief secretary, GNCTD for necessary information and to take appropriate measures in this regard," it ordered.
The court was dealing with a petition by the girl's father who sought production of his daughter who was missing since July 1.

The girl, who appeared in the court, claimed that the petitioner is not her biological father but the second husband of her mother, and that she was now living together with her "husband" after the marriage.

The court observed that since the marriage was solemnised on the basis of false affidavits by both the parties with respect to the uncle's marital status, it has no standing in the eyes of the law.

"It is unfortunate that Mr. S.. (the uncle) has abandoned his wife/child and claims to have got married to a girl who is his niece. This court holds that the alleged marriage ceremony which has been conducted by the Arya Samaj Mandir, on the face of it, is a void marriage as Mr. S has declared in the affidavit submitted for the marriage, that he is unmarried, when clearly his wife, Ms. K, is alive and they also have a son," the court stated.

Since the girl is a major and has refused to accompany the petitioner, the court said no further orders can be passed.

It, however, clarified that the wife of the uncle was free to proceed with her criminal complaint and take action against him as per law. Police, it said, can also investigate the matter in accordance with law.