ORDER :

Gurpal Singh Ahluwalia, J.

1. Shri Sanjay Kumar Dwivedi, Counsel for the Petitioner.

Shri G.K. Agrawal, Govt. Advocate for the respondents No. 1 to 3/State.

Shri Gaurav Mishra, Counsel for the respondent No. 4.

Shri Raju Sharma, Counsel for the respondents No. 5 to 7.

2. This petition under Article 226 of the Constitution of India has been filed against the Marriage Certificate No. 0101/GWAL/0002698/8000085741/2018 issued by Nodal Officer(E), Municipal Corporation, Gwalior.

3. This Court by order dated 11/02/2021 had observed as under:-

"It appears that multiple litigations are going on between the parties in different Courts.

Accordingly, counsel for the parties are directed to give details of all the cases which are pending between them in different Courts of the country."

4. Accordingly, the details of various litigations which are pending between the parties before different Courts, have been placed on record.

5. It is the case of the petitioner that he is a permanent resident of Indore. The respondent No. 2/Registrar, Office of the Registrar (Births, Deaths and Marriages), Gwalior has issued the marriage certificate of petitioner with respondent No. 5 on the basis of the application submitted to the Municipal Corporation, Gwalior. It is the case of the petitioner that the respondent Nos. 6 and 7 are the parents of respondent No. 5 and they contacted the parents of the petitioner in the year 2017 and wished to marry their daughter (respondent No. 5) to the petitioner. Accordingly, it was mutually agreed to have a court marriage between the petitioner and the respondent No. 5 in the month of November, 2018 followed by reception and "Vidai" from Gwalior. It is the case of the petitioner that in the month of March, 2018, the parents of the respondent No. 5 informed the parents of the petitioner that there is a Mangal Dosh in the Patrika of their daughter (respondent No. 5) and to remove this Dosh, Mangal Dosh Puja is necessary prior to her marriage and also informed that this Puja would be conducted in Indore by their Guru on 18/04/2018 i.e. Akshya Tritiya, the only auspicious day for the said Puja. Later on, it was informed by the parents of the respondent No. 5 that the venue of Mangal Dosh Puja has been changed from Indore to Bhagirathi Ashram, Rishikesh (Uttarakhand) and they also informed that Mangal Dosh Puja would be followed by an engagement ceremony at Rishikesh and accordingly, on the request of the parents of respondent No. 5, the petitioner, his parents and some relatives went to Rishikesh and stayed at Hotel Divine Resorts from 17/04/2018 to 20/04/2018, whereas the respondent Nos. 5 to 7 and their relatives and friends stayed in Hotel Laxman Jhoola Divine Resorts, Rishikesh from 14/04/2018 to 20/04/2018. On 18/04/2018, a Mangal Dosh Puja and engagement ceremony was conducted at Bhagirath Ashram, Rishikesh organized by the Guru of respondent Nos. 5 to 7.

6. It is also alleged that the complete rituals of the Brahma form of marriage as required by Hindu Shastras were not performed and it was only Mangal Dosh Puja and engagement. At the time of engagement, the parents of the petitioner gave valuable gifts to respondent Nos. 5 to 7 and the ceremonies were treated as "symbolic marriage" required for astrological reasons as per their Guru. Accordingly, it is submitted that neither the petitioner nor respondent No. 5 co-habited or consummated the so-called marriage. On 20/04/2018, the petitioner and his parents returned back to Indore, whereas respondent Nos. 5 to 7 returned back to Gwalior. Thereafter, the petitioner and his parents were unilaterally informed by the respondent Nos. 6 and 7 that "symbolic marriage" organized at Rishikesh would now have to be treated as a "formal marriage''. This came as a shock and surprise to the petitioner and his parents, who had only attended the ceremonies with intention to co-operate in the removal of Mangal Dosh with the Patrika of the girl and under a bona fide impression that the