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Madhya Pradesh High Court Suspends Notary License For Illegal Marriage Registration Of A Young Woman
In a stern ruling addressing the misuse of professional authority, the at Gwalior has suspended the license of a for unauthorized involvement in marriage registration. The Division Bench, comprising Justice G. S. Ahluwalia and Justice Anuradha Shukla, acted after hearing a petition, citing that notaries lack the legal competence to solemnize marriages.
Case Background The petition was filed by a man alleging that his wife was in illegal detention. Upon the woman's production before the court, she revealed a harrowing account of coercion. She testified that the petitioner had threatened to circulate her personal photographs on social media to force her into a marriage. Under duress, she had been taken to a notary in Datia, who documented their union as a formal registration. The woman stated that no traditional (wedding rites) occurred and unequivocally expressed her desire to return to her parents.
Arguments and Legal Conflict The State stood by the petitioner’s victim, noting that investigations into the criminal threats are presently underway under the relevant legal provisions, including the (BNS) and the .
The court focused its inquiry on the conduct of the notary, Raghavendra Samadhiya, who had notarized a document titled "" (Marriage Registration). The petitioner attempted to frame this document as proof of a valid marriage, a claim the court rejected definitively. The court observed that the exchange of garlands, as described, is not a legally recognized mode of marriage under the applicable personal laws of the parties involved.
Judicial Analysis: The Red Line for Notaries The High Court underscored a critical legal principle: a is not a . Citing the and the , the Bench referenced a Office Memorandum from the , which explicitly prohibits notaries from executing certificates or deeds pertaining to marriage.
The court noted that certain legal practitioners are exploiting the ignorance of young individuals, acting in "utter defiance" of established judicial precedents, such as the rulings in and .
Key Observations
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"Neither the Notary is authorized to certify the marriage nor competent to execute the divorce deed under the Notaries Act,
and the Notaries Rules,
."
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"Thus, some of the Notaries are exploiting the children by taking advantage of their lack of knowledge."
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"This is a glaring example of the misadventurous act of the Notary who... has exceeded his jurisdiction."
Court’s Decision and Impact Declaring that no valid marriage had taken place, the Court allowed the woman to return to her parents. In a significant punitive measure, the Bench ordered the immediate suspension of the notary’s license and directed him to show cause as to why it should not be permanently cancelled. The court also ordered the notary to produce his original register for inspection.
This ruling serves as a forceful reminder to the legal fraternity that notarization of marriage deeds is an act of . The Registrar and local judicial authorities have been instructed to monitor the situation closely to ensure compliance with federal law, effectively barring notaries from entering the sphere of marital status authentication.
