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Allahabad High Court
– Photo: Amar Ujala
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The Allahabad High Court has held that marriage registration is not proof of a valid marriage. Only it can be used as evidence. The court also said that the marriage certificate issued by the Arya Samaj has no legal effect. The marriage should take place in a traditional ceremony agreed upon by both the parties. In which the ritual of Saptapadi has been completed. The Court said that when the marriage itself is not valid, it is legally correct for the family court not to accept the application for restoration of marriage under Section 9 of the Hindu Marriage Act. Section 9 application cannot be accepted without valid proof of marriage.
The Court has dismissed the first appeal against the decision of the Family Court, Saharanpur, to dismiss the Section 9 application. This order has been given by the division bench of Justice SP Kesarwani and Justice Rajendra Kumar on the appeal of Ashish Maurya. It said that Anamika Dhiman is his wife. Filed an application in the family court for restoration of marriage. Later withdrawn on the basis of agreement. But after a few days the application was filed again. The alleged wife refused to get married. Said, false marriage has been done.
Marriage certificate has been taken from Arya Samaj to blackmail her. In this case, an FIR has been registered in Sadar Bazar police station, Saharanpur. The police has also filed the charge sheet. The court said that under Order 11 Rule-2 of the Code of Civil Procedure, a restoration application can be filed without marriage. The High Court upheld the decision of the Family Court to consider such applications as restricted and said that the marriage certificate of the Arya Samaj is not a proof of the validity of the marriage.
