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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Vinod Diwakar,J.
Shanidev – Appellant
Versus
State Of Up – Respondent
| Table of Content |
|---|
| 1. petitioners seek police protection after marriage against family wishes. (Para 1 , 2 , 3 , 4) |
| 2. doubts raised regarding the authenticity of marriage documents. (Para 6) |
| 3. court observes patterns of fraudulent marriage registrations. (Para 7 , 8) |
| 4. court directs police to verify claims in petitions. (Para 9 , 10) |
| 5. court emphasizes the need for compliance with marriage laws. (Para 11 , 12 , 13) |
| 6. fraudulent practices undermine marriage sanctity and need regulation. (Para 18 , 19 , 20 , 21) |
| 7. court orders investigation into marriage registration practices. (Para 22 , 23) |
| 8. firs registered against fraudulent marriage certificate issuers. (Para 24 , 25) |
| 9. recommendations for amending marriage registration rules proposed. (Para 29) |
| 10. need for robust marriage registration system highlighted. (Para 30 , 31 , 32) |
| 11. petitions disposed with directions for police intervention. (Para 36 , 37 , 38) |
Hon'ble Vinod Diwakar,J.
1. Heard learned counsel for the petitioners, Shri Ashwani Kumar Tripathi, learned Additional Chief Standing Counsel for the Staterespondents, and perused the record.
2. Since the issues involved in the present writ petition are similar to those raised in 12
The court underscored the necessity for genuine documentation in marriage registrations, emphasizing protection against fraudulent practices and safeguarding the rights of individuals, particularly m....
Point of Law : The only condition for registration of marriage as per Rule 6 of Rules, 2008 is that marriage is to be solemnized.
The court emphasized the importance of addressing the apprehension of the petitioners and directed the police to record the statement of petitioner No.1 before proceeding with any report or FIR again....
Restitution of conjugal rights – Where marriage itself is not proved, decree for restitution of conjugal rights cannot be sustained.
The validity of a marriage registration is contingent upon the proper solemnization of the marriage and compliance with statutory requirements.
Marriage under Hindu law requires performance of essential ceremonies; mere documentation is insufficient to establish valid marital status.
The court must protect individuals from genuine threats to their lives and liberty, but it cannot condone attempts to mislead the court.
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