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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Arun Kumar Singh Deshwal,J.
Maharaj Singh – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
(Arun Kumar Singh Deshwal, J.)
1. Heard Sri Bhanu Prakash Verma, learned counsel for applicants, Sri Raj Bahadur Verma, learned A.G.A for the State and perused the record.
2. The instant application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceeding pending in the court of Additional Chief Judicial Magistrate, Court No. 3, Bareilly relating to Case No. 398/2024, under Sections 498-A, 506 IPC , Crime No. 517/2023, P.S.-Hafizganj, District- Bareilly.
3. The brief facts giving rise to the present controversy is that opposite party no. 2 has lodged the FIR against the applicant with allegation that she is wife of the applicant and after the marriage, she was harassed for demanding a dowry by the applicant. After investigation, police has submitted a charge sheet, which is under challenged in the present case.
4. Learned counsel for the applicant submitted that the alleged marriage of the applicant as well as opposite party no. 2 was solemnized in Arya Samaj, which is not a valid marriage as per the judgment of the Division Bench of this Court in the case of Ashish Morya Vs. Anamika Dhiman in First Appeal No. 830/2022. It is further submitted that
A marriage performed in Arya Samaj is valid if conducted according to Hindu customs and rites, and cruelty under IPC can be established without evidence of dowry demands.
Marriage under Hindu law requires performance of essential ceremonies; mere documentation is insufficient to establish valid marital status.
Restitution of conjugal rights – Where marriage itself is not proved, decree for restitution of conjugal rights cannot be sustained.
Registration of marriage cannot be denied based on the branch's enlistment; laws provide a statutory right to register marriages performed in accordance with Hindu rituals.
The validity of a marriage and entitlement to restitution of conjugal rights under the Hindu Marriage Act, 1955 are contingent upon the existence of a valid marriage, as evidenced by the performance ....
Hindu marriage – Unless and until marriage is performed with appropriate ceremonies and in due form, it cannot be said to be solemnised – Certificate of marriage is a proof of validity of Hindu marri....
Point of Law : The only condition for registration of marriage as per Rule 6 of Rules, 2008 is that marriage is to be solemnized.
A marriage under Hindu law is invalid unless essential ceremonies are performed; mere evidence of a priest is insufficient to establish validity.
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