Court dismisses habeas corpus petition, reinforces legal boundaries for notaries, and directs action against misuse of authority in marriage certifications.
In a significant ruling, the Madhya Pradesh High Court's Gwalior Bench has pronounced that notaries are not authorized to certify marriages or execute marriage documents, a task strictly outside their jurisdiction under the Notaries Act, 1952, and the Notaries Rules, 1956. The court has directed the suspension of the notary license of Raghavendra Samadhiya, who was found to have overstepped his authority by executing a marriage deed.
The case arose from a habeas corpus petition filed by Chandrapal Singh Parihar, alleging that his wife was illegally detained by her father. However, the court found that the woman, referred to as the corpus, expressed her desire to stay with her parents and pursue her education, denying any formal marriage with the petitioner due to the absence of the essential Saptapadi ritual.
Justice G. S. Ahluwalia and Justice Anuradha Shukla, presiding over the case, highlighted the professional misconduct of certain notaries executing marriage and divorce deeds, despite clear legal prohibitions. The court referenced past judgments and government memoranda reinforcing that notaries cannot act as marriage officers, citing cases such as "Lalit Rajak v. State of Madhya Pradesh" and "Partha Sarathi Das v. State of Orissa."
The bench ordered the police to complete the investigation within ten days, considering any criminal actions by the petitioner, including threats made to the corpus. The court also directed the issuance of a show-cause notice to the errant notary and suspended his license, pending further proceedings.
This ruling not only settles the immediate case but also serves as a warning against the misuse of notarial powers and reaffirms the legal framework governing marriage certifications in India.
Bottom line:-
Notary Public has no jurisdiction to act as a Marriage Officer or certify marriage documents. Notaries executing marriage or divorce deeds exceed their jurisdiction and commit professional misconduct under the Notaries Act, 1952 and the Notaries Rules, 1956.
Statutory provision(s): Notaries Act, 1952, Notaries Rules, 1956, Hindu Marriage Act, 1955, Constitution of India, Article 226
