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2016 Supreme(MP) 611

IN THE HIGH COURT OF MADHYA PRADESH
Rohit Arya, J.
Naresh Soni v. State of M.P. and others
Writ Petition No.4424 of 2016 (Habeas Corpus) (Gwalior);
Decided on 13.10.2016.

Advocates:
Gaurav Samadhiya for petitioner;
V.K. Bhardwaj as amicus curiae with R.K. Soni;
Vishal Mishra, Additional Advocate General for respondents No.1 to 3/State;
Sunil Rajak in person for respondent No.4;
Pawan Dwivedi and Ms. Sonal Mittal for respondent No.5;
Devendra Sharma for respondent No.6.

Headnote:Arya Marriage Validation Act, 1937 -- S.2 -- Special Marriage Act, 1954 -- Ss.5, 6, 7, 8, 11, 12 and 13 -- Hindu Marriage Act, 1955 -- Ss.5, 7 and 8 -- marriage certificate issued to carpus and respondent No.4 -- both are not Arya Samaji -- respondent No.4 managed and manipulated marriage certificate with incorrect, unverified facts in collusion and connivance with respondent No.6 -- such certificate issued illegally -- to ensure that such marriages do not suffer wrath of social indignation, bitterness in families, unenthical and illegal relationship -- comprehensive directions required to be issued -- Act, 1937 does not contemplate issuance of marriage certificate -- if sanctity required, provisions under required to be followed -- petition allowed with mandatory directions.

       Held : After taking into consideration the sacredness attached to the Hindu marriages and the provisions contained under the Arya Marriage Validation Act, 1937, the Special Marriage Act, 1954 and Hindu Marriage Act, 1955 as well as social and statutory recognition, credibility and authenticity of Arya Samaj marriages and further to ensure that such marriages do not suffer the wrath of social indignation, bitterness in families, unethical and illegal relationship in the eyes of society, this Court is of the view that comprehensive directions are required to be issued. Besides, Arya Marriage Validation Act, 1937 does not contemplate issuance of marriage certificate, therefore, if sanctity is required to be attached to such marriage certificates, the provisions of the various Acts referred to above are required to be followed in the matter of solemnization of marriage. AIR 1965 SC 1564, AIR 1968 AP 107, AIR 1963 Pun. 235 and Writ Appeal No.268 of 2013; decided on 30.10.2013 referred to.

        vk;Z fookg fof/kekU;dj.k vf/kfu;e] 1937 & /kkjk 2 & fo'ks"k fookg vf/kfu;e] 1954 & 5] 6] 7] 8] 11] 12] rFkk 13 & fganw fookg vf/kfu;e] 1955 & /kkjk 5] 7 rFkk 8 & fookg izek.k&i= dkWilZ rFkk izR;FkhZ dz- 4 dks tkjh & nksuksa vk;Z lekth ugha & izR;FkhZ dz- 4 us izR;FkhZ dz- 6 dh ekSu lgefr ls nqjfHklaf/k esa xyr] xSj lR;kfir rF;ksa ds lkFk fookg izek.k&i= dk vfHkikyu rFkk izca/k fd;k & ,slk izek.k&i= voS/k :i ls tkjh fd;k x;k & ;g lqfuf'pr djus ds fy, fd ,sls fookg lkekftd frjLdkj ds dksi ls] ifjokj esa dM+okgV] vuSfrd rFkk voS/k laca/kksa ls xzflr ugha gksrs gSa & O;kid funs'k tkjh fd;k tkuk visf{kr gS & vf/kfu;e] 1937 fookg izek.k&i= tkjh djuk vuq/;kr ugha djrk & ;fn ifo=rk visf{kr gS] ds v/khu mica/kksa dk vuqlj.k gksuk vko';d gS & ;kfpdk vkKkid funs'kksa ds lkFk eatwjA

       vfHkfu/kkZfjr % fganw fookgksa ls foo} ifo=rk rFkk vk;Z fookg fof/kekU;dj.k vf/kfu;e] 1937] fo'ks"k fookg vf/kfu;e] 1954 rFkk fganw fookg vf/kfu;e] 1955 blds lkFk&lkFk lkekftd ,oa dkuwuh ekU;rk vk;Z lekt fookgksa dh fo'oluh;rk ,oa vf/kizekf.kdrk dks fopkj esa ysus ds i'pkr~ rFkk vkxs ;g lqfuf'pr djus ds fy, ,sls fookg lkeftd frjLdkj dk dksi] ifjokj] ifjokj esa dM+okgV] vuSfrd rFkk lekt dh utj esa voS/k laca/k ls xzflr ugha gksrs gSA bl U;k;ky; dh jk; gS fd O;kid funs'k tkjh fd;k tkuk visf{kr gS] blds vykok vk;Z fookg fof/kekU;dj.k vf/kfu;e] 1937 fookg izek.k&i= tkjh djuk vuq/;kr ugha djrk gS] blfy, ;fn ,sls fookg izek.k&i=ksa ls foo} ifo=rk visf{kr gSA mijksDr fufnZ"V fofHkUu vf/kfu;eksa ds mica/kksa dk fookg ds vk;kstuksa ds ekeys esa vuqlj.k fd;k tkuk visf{kr gSA , vkb vkj 1965 ,l lh 1564] , vkb vkj 1968 vka/kz izns'k 107] , vkb vkj 1963 iatkc 235 rFkk fjV vihy dz- 268 lu~ 2013] fu.khZr 30-10-2013 fufnZ"VA

ORDER

1. Petitioner resident of Shri Sahab Ke Bada, Near Kapoor Photostat, Kampoo Road, Lashkar, Gwalior, has approached this Court with the grievance that his daughter Ms. Mansi Soni aged about 18 years has been missing since 19.4.2016. Despite having searched at all possible and probable places, she could not be found. On having come to know the fact that she has been abducted by respondent No.4, he approached respondent No.3 the Station House Officer, Police Station Huzrat Kotwali, Lashkar, Gwalior with the request to trace the whereabouts of her daughter, who was in illegal confinement of respondent No.4, but he was not only ridiculed but also abused. Petitioner also approached respondent No.2 during Jan Sunvai on 14.6.2016, but all in vain. Under the circumstances, petitioner has approached this Court seeking writ of habeas corpus.

2. On 5.7.2016 learned Deputy Government Advocate sought three weeks’ time to trace out and produce the corpus of the missing Ms. Mansi Soni. On 27.7.2016, corpus Ms. Mansi Soni was produced by police personnel of Police Station Kotwali, Gwalior. Respondent No.4 with his counsel was also present. He claimed to have married Ms. Mansi Soni in Arya Samaj Mandir, Pawan Sut Colony, Morar, Gwalior on 9.6.2016. Though he claimed to be working in Jaipur, but had no proof of residence even. Therefore, this Court ordered to verify the whereabouts of respondent No.4 and if need be, summon him for enquiry. Meanwhile, the corpus of Ms. Mansi Soni was ordered to be kept in Nari Niketan, Gwalior. Parents of the corpus Ms. Mansi Soni expressed ignorance about the alleged marriage. According to them, neither do they know the boy nor did they give consent for the marriage. No one ever enquired about the family or informed about the marriage including the Arya Samaj Mandir. They claimed that their daughter has been manipulated and fraudulent marriage certificate has been obtained to deny custody of their daughter. On being summoned, one Awadhesh Sharma, claimed to be Purohit of the Arya Samaj Mandir submitted some papers, but did not produce original record for verification. Photocopies of cyclostyled printed affidavit allegedly sworn by respondent No.4 and Ms. Mansi Soni are on plain papers with Rs.10/- stamp affixed thereon. The affidavits are not notarized by the Notary, instead are shown to have been attested by the Oath Commissioner. No one has identified them muchless, by an advocate. The alleged medical age certificate though shown to have been issued on a letter-pad of one Dr. R. Bhojwani is also unsigned, unverified and with no medical documentation. No age certificate of Ms. Mansi Sonil, though photo copy of X Class marks sheet of respondent No.4 is shown. The applications for marriage are also undated. As such, prima facie the documents appeared to have been prepared in a slipshod manner to justify issuance of certificate by the Arya Samaj Mandir. During the course of hearing, it also transpired that there are number of places at Gwalior with the signboard of Arya Samaj Mandir where certificates of marriages are issued as a matter of course on the basis of unverified documents. Such instances are repeatedly on rise in the city, which go unchecked and there is noticeable increase in number of writ petitions filed in this Court seeking writ of habeas corpus with complaint of missing daughters and sisters. Therefore, the local police authorities were directed to conduct a detailed enquiry in relation to such Arya Samaj Mandirs where marriage certificates are issued, the manner and the method adopted by them for issuance of certificate, whether the address of residence and details of their identity and family are verified with their parents, besides their caste, religion and whether they are the followers of Arya Samaj, i.e. they are Arya Samajist, and what kind of rituals are observed and ceremonies are organized for the marriages, in order to find out the modus operandi of such places issuing marriage cert













































































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