[Fake Marriages] 'Verifiable Registration System Needed': Allahabad HC Suo Moto Directs UP Govt To Amend 2017 Rules

In a significant order, the Allahabad High Court, in its suo moto writ jurisdiction, directed the State Government to amend Uttar Pradesh Marriage Registration Rules, 2017, within 6 months so that a robust and verifiable marriage registration mechanism comes into existence, ensuring the validity and sanctity of marriages. A bench of Justice Vinod Diwakar passed this direction months after raising concerns regarding the emergence of an organised racket of touts who are involved in getting fake marriages registered through forged documents. The Court has specifically directed the Principal Secretary, Department of Women and Child Development, to amend the 2017 rules by taking into account the following suggestions [refer to the HC's order for exhaustive explanation of the suggestions]: 28.1 – Amend 2017 Rules to mandate disclosure of religious customs/rituals of marriage for legal compliance under respective personal laws. 28.2 – Empower Marriage Officers to raise objections, reject applications on suspicion, and maintain records for transparency. 28.3 – Frame laws to regulate priests/institutions conducting marriages to prevent issuance of fake certificates and ensure legal compliance. 28.4 – Mandate marriage-conducting institutions to keep photocopies of age and residence proofs for accountability. 28.5 – Integrate online age verification system with registration to prevent the use of fake age documents. 28.6 – Authorise Marriage Officers to register marriages only after verifying age and marriage documents. In the interim, pending the framing of the new Rules, the Court has 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. For context, in the said notification, clear and specific instructions have been issued to the office of Deputy Registrar to ensure that marriage registration in UP would require Aadhaar-based authentication of bride and groom, biometric data and photos of both parties and two witnesses, and strict age verification through official portals like DigiLocker, CBSE, UP Board, CRS, Passport, PAN, Driving Licence, and CISCE. If online records are unavailable, original certificates or CMO-issued age proof will be used. One valid ID for identity, address, and age must be uploaded for all parties. Purohit/person solemnizing the marriage must submit a sworn affidavit at the time of registration. Must include name, father's name, addresses, Aadhaar/ID, mobile number, photo, declaration of having performed the marriage, and video of ceremony (mandatory for runaway couples). Purohit must be physically present at the Registrar's office during registration.Deputy Registrar must certify compliance with the 14.10.2024 notification and presence/satisfaction regarding Purohit's affidavit.Marriage can only be registered where either party or their parents ordinarily reside; unregistered rent agreements not valid proof.Assistant Inspector Generals must oversee implementation and ensure Deputy Registrars comply; monthly compliance entry to be recorded. Furthermore, the Court clarified that the aforesaid interim directions would 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, the Court added, 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. In its 44-page order, the bench, dealing with 125 petitions filed by runaway couples seeking protection, observed that it has witnessed in many cases that the marriage certificates are issued by societies which do not exist, and such fake certificates are issued to obtain a protection order from the High Court. The Court also noted that the individuals named as witnesses are also found to be fictitious, their details, including Aadhar Cards, are forged, and the institutions/organisations issuing such certificates lack any legal entitlement under their bylaws, and in fact, no actual marriage ceremony had taken place in numerous cases. Though the Court remarked that some petitions do involve genuine litigants who truly require judicial protection and intervention, however, such cases are relatively few compared to the large number of petitions based on fabricated documents and false claims. “Undoubtedly, every citizen, upon attaining the age of majority, has the fundamental right to choose a life partner and enter into a matrimonial alliance or live-in ...

[Fake Marriages] 'Verifiable Registration System Needed': Allahabad HC Suo Moto Directs UP Govt To Amend 2017 Rules

Sparsh Upadhyay

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