Court intervenes after discovering non-compliance with legal norms for verifying marriageable age
In a significant ruling, the Allahabad High Court has imposed restrictions on the Arya Samaj Mandir located in Sector H (Harsh Vihar Puraniya), Aliganj, Lucknow, from solemnizing marriages and issuing marriage certificates until further notice. The decision came after the court identified discrepancies and non-compliance with legal requirements regarding the verification of the age of individuals intending to marry. The case, titled Neha v. State of U.P., was presided over by Justices Rajnish Kumar and Babita Rani.
The judgment highlighted the failure of the Arya Samaj Mandir to verify the age of a male petitioner, Anand Kumar, who was below the legal marriageable age of 21 years as per the Prohibition of Child Marriage Act, 2006. The court noted that the institution relied solely on affidavits without requesting proper documentary proof, such as an Aadhar card, thereby bypassing crucial legal mandates.
The court's scrutiny revealed that the affidavits used were prepared on printed proformas, suggesting a systemic issue in the documentation process at the Mandir. Furthermore, the register maintained by the institution was found to be completed in a single handwriting and with a single pen, raising questions about the authenticity of the records.
In response to these findings, the court has directed Arya Samaj Mandir to file an affidavit outlining the norms to be followed for solemnizing marriages, ensuring legal compliance, and verifying the age of the parties involved. The court has also ordered that the records produced by the institution be kept in a sealed cover by the Senior Registrar until further orders.
The writ petition was originally filed by Neha and Anand Kumar seeking protection from harassment due to their marriage against familial wishes. However, the court found the petition was based on mere apprehension without any specific threat, directing the petitioners to approach the police in case of any concrete threat.
The court's decision underscores the importance of adhering to legal norms in marriage solemnization processes and aims to prevent unlawful child marriages. The Arya Samaj Mandir's practices have come under judicial scrutiny, emphasizing the need for compliance with established laws to protect the rights and welfare of individuals.
Bottom Line:
Arya Samaj Mandir restrained from solemnizing marriages without verifying the age of the parties and ensuring compliance with the legal requirements under The Prohibition of Child Marriage Act, 2006.
Statutory provision(s): Prohibition of Child Marriage Act, 2006, Juvenile Justice (Care and Protection of Children) Act, 2015.
Neha v. State of U.P., (Allahabad)(DB)(Lucknow) : Law Finder Doc id # 2954615
