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NEUTRAL CITATION NO. 2026:MPHC-GWL:20502

1 WP-26269-2026

IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE G. S. AHLUWALIA

&

HON'BLE SMT. JUSTICE ANURADHA SHUKLA

th

ON THE 13 OF JULY, 2026

WRIT PETITION No. 26269 of 2026

CHANDRAPAL SINGH PARIHAR

Versus

THE STATE OF MADHYA PRADESH AND OTHERS

Appearance:

Shri Shashwat Rao - Advocate for petitioner.

Shri C.P. Singh - Government Advocate for the State.

ORDER

Per: Justice Gurpal Singh Ahluwalia

This petition under Article 226 of the Constitution of India has been

filed by one Chandrapal Singh Parihar, alleging that his wife is in illegal

detention of respondent No.3, who is the father of corpus.

2. The corpus was produced by Ms. Teenu Rawat, Lady Constable

No.2237 and Rajbahadur Soni, Head Constable No.312, Police Station

Girwai, District Gwalior.

3. It is submitted by the corpus that at present she was residing in the

house of Vikram Singh and his family members, who is the brother-in-law of

the petitioner, Chandrapal. It is submitted that petitioner was her friend and

he was pressurizing her to marry. He was also constantly threatening her

that, in case if she does not agree for marriage with him, he would upload her

Signature Not Verified

Signed by: AMAN TIWARI

Signing time: 14-07-2026

02:15:21 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:20502

2 WP-26269-2026

photographs on Instagram and Facebook. This fact was also narrated by the

corpus to her parents, who also tried to persuade the petitioner, but the

petitioner continuously threatened the corpus, and accordingly, out of fear,

she went along with petitioner. They went to the Datia Court premises,

where her Court marriage was performed with the petitioner. It is further

submitted that, in fact, she was forced to leave her house under the threat of

uploading her photographs on Instagram and Facebook, and nothing was

done on account of her willingness.

4. It is further submitted by the corpus that when they went to the

Datia Court, then they met a lawyer who obtained their signatures on certain

papers and a register and assured them that now Court marriage has been

performed. Thereafter, they exchanged the garlands outside the Court

premises. She specifically denied that any Saptapadi was ever performed. It

is submitted that she wants to reside with her parents and wants to prosecute

her studies.

5. The case diary was produced in a sealed cover.

6. Surprisingly, the case diary contains a written notarized document

titled as (cid:1)ववाह वाद (cid:1)ववाह के पंजीयन बावत िलखतम. This was notarized by

Raghavendra Samadhiya, Notary Public Datia.

7. From the case diary, it was found that the corpus has taken the

entire responsibility of leaving her house. However, it was submitted by

corpus that it was under the threat by the petitioner and after the recovery,

they have also made a complaint to Superintendent of Police, Gwalior with

regard to the threats extended by the petitioner.

Signature Not Verified

Signed by: AMAN TIWARI

Signing time: 14-07-2026

02:15:21 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:20502

3 WP-26269-2026

8. It is submitted by counsel for the State that the complaint made by

the corpus is under active consideration and if it is found that the petitioner

has committed any criminal offence, then appropriate action shall be taken

under the provisions of BNS, I.T. Act or any other provision of law which

may be applicable.

9. Let the entire exercise be completed by the police authorities within

a period of ten days from today.

10. The Division Bench (Gwalior Bench) of this Court, in Lalit Rajak

v. State of Madhya Pradesh & Others, decided on 27.06.2025 in W.P. No.

23174/2025, and the Single Bench (Gwalior Bench) of this Court, in Bundel

Singh Lodhi v. State of Madhya Pradesh, decided on 30.04.2021 in M.Cr.C.

No. 15168/2021, have held that a Notary has no jurisdiction to act as a

Marriage Officer.

11. The Government of India, Ministry of Law & Justice, Department

of Legal Affairs (Notary Cell) has also issued Office Memorandum dated

10.10.2024, which is repro