Fraudulent Marriage Certificates Infringe Fundamental Rights: Allahabad High Court Directs State To Amend UP Marriage Registration Rules 2017

The Allahabad High Court has directed the State Government to amend the Uttar Pradesh Marriage Registration Rules, 2017, saying that the fraudulent issuance of marriage certificates infringes upon fundamental rights.

The Court was hearing a batch of 125 Writ Petitions filed by the married couples, seeking safety and protection.

A Single Bench of Justice Vinod Diwakar observed, “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.”

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

Advocates Nipun Singh and Ranjeet Kumar Yadav represented the Petitioners while Additional Chief Standing Counsel (ACSC) Ashwani Kumar Tripathi represented the Respondents. Advocate R.V. Mishra was appointed as the Amicus Curiae.

Facts of the Case

The lead Writ Petition was filed by the Petitioners (couple) seeking a direction to the Senior Superintendent of Police, Etawah, to take appropriate steps for ensuring their safety and protection. The Petitioners were residents of Village Niloi, Police Station Jaswant Nagar, District Etawah, and claimed to have solemnized their marriage in June 2024 at Arya Samaj Mandir, Greater Noida, which is affiliated with Arya Samaj Pratinidhi Sabha, 5 Meerabai Bagh, Lucknow.

It was submitted by the Petitioners that they 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, requesting police protection. The said Complaint was sent through registered post from the Post Office located within the High Court premises. The Petitioners also annexed photocopies of their Aadhar Cards to substantiate their claim that both individuals were of marriageable age at the time of the marriage. The ACSC raised doubts regarding the genuineness of the marriage certificate, alleging it to be a forged document.

Court’s Observations

The High Court in view of the facts and circumstances of the case, noted, “… 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.”

The Court directed the Commissioners of Police, Gautam Buddha Nagar and Ghaziabad, 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.

“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”, it further emphasised.

The Court said that directions be given to the institutions conducting marriages to maintain photocopies of documents such as age and residence proofs of the bride and groom and this measure will ensure accountability and provide verifiable records in case of any disputes or legal investigations in the future.

“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. … 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”, it also suggested.

The Court observed that the Department of Stamp & Registration has no authority to amend the Rules to plug the loopholes in marriage registration process.

“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”, it remarked.

The Court, therefore, in view of the serious concerns raised, in exercise of its suo motu writ jurisdiction and the authority conferred upon the High Court, directed the Principal Secretary, Department of Women and Child Development, to amend the Uttar Pradesh Marriage Registration Rules, 2017, in coordination with the Inspector General of Stamp and Registration, Uttar Pradesh.

“Such amendments shall be carried out within six months, taking into account the suggestions set forth in aforesaid paragraph 30-30.7. … Immediately upon receipt of a copy of this order, the office of the Chief Secretary shall appoint a designated officer to coordinate and ensure the prompt amendment of the Uttar Pradesh Marriage Registration Rules, 2017 in align with the issue flagged herein”, it added.

Interim directions pending framing of new Rules

Moreover, until the amended Rules are duly framed and brought into effect, the Court directed the Inspector General of Stamps and Registration to ensure the following –

• All Deputy Registrars entrusted with the task of marriage registration shall strictly adhere to the instructions issued under the notification dated 14.10.2024, in both letter and spirit.

• An affidavit sworn by the Purohit- or the person who claims to have solemnized the marriage shall be made mandatory at the time of registration of marriage.

• The Deputy Registrar shall make an unequivocal endorsement on the reverse side of the marriage certificate to the effect that: (i) The instructions contained in the notification dated 14.10.2024 have been duly complied with; and (ii) The affidavit sworn by the Purohit or the person who claims to have solemnised the marriage has been perused and found satisfaction, and he was present at the time of registration of marriage.

• The marriage shall be registered only at a place where either party to the marriage ordinarily resides or where the parents of either party ordinarily reside. An unregistered rent agreement shall not be considered as valid proof of residence.

• The concerned Assistant Inspector Generals of Stamp and Registration shall be responsible for supervising compliance.

Conclusion

The Court ordered that the aforesaid interim directions shall specifically apply to the registration of marriages involving runaway couples- i.e., those who have entered into a matrimonial alliance without the consent of their respective family members.

“Provided that, if any of the family members of the parties to the marriage are present at the time of registration, the Marriage Officer may, at his discretion, waive the aforesaid conditions, either wholly or in part, after being satisfied as to the genuineness of the marriage”, it concluded.

The Court also directed the Registrar (Compliance) to forthwith transmit a copy of the Order to the Chief Secretary, Government of Uttar Pradesh, Principal Secretary, Department of Women & Child Development, and Inspector General, Stamp and Registration, Uttar Pradesh, for necessary compliance.

Accordingly, the High Court disposed of the Petitions and granted liberty to the Petitioners to approach the concerned Senior Superintendent of Police (SSP).

Cause Title- Shanidev and Another v. State of UP and 7 Others (Neutral Citation: 2025:AHC:81511)

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