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Synopsis

In a significant order, the Allahabad High Court recently ordered registration of an FIR into the forged documents and unlawful marriage of a minor girl in Uttar Pradesh. The FIR has been ordered to be lodged against the alleged husband, Shravan, and the priest who performed the marriage, as well as the Secretary of the Arya Sanatan Dharm Seva Samiti.

The bench of Justice Vinod Diwakar also ordered Shravan, who was present before the court, to be detained and handed over to the SHO of PS Saifai, District Etawah.

Additionally, court directed the investigation to be broadened to uncover the source of the girl's Aadhar Card and to examine the involvement of the document writer.

Court took swift action after uncovering that the girl, claimed to be of marriageable age, was in fact just 12 years old at the time of the marriage.

The order was passed in a writ petition filed by the girl and Shravan, seeking protection. They alleged threats to their lives and property. According to their claim, they had married on June 15, 2024, at Arya Sanatan Dharm Seva Samiti, Agra. The couple presented Aadhar cards showing the girl’s age as 21 and the man as 29. However, the court, unsatisfied with the authenticity of the documents, directed a verification process that unraveled forgery and exploitation.

The SHO of PS Saifai, Etawah, submitted a report revealing that the girl’s actual date of birth was September 8, 2011, making her only 12 years old at the time of the alleged marriage. The report further disclosed that two different Aadhar cards existed for the minor, raising serious concerns about document forgery. The girl's father also filed an affidavit, confirming her age and asserting that she was a minor.

The Additional Chief Standing Counsel for the State Government submitted that every day the high court is burdened with protection petitions based on forged documents.

He raised concerns over the ease with which Aadhaar cards are obtained, alleging that office bearers of certain trusts and societies, in collaboration with Purohits, are conducting fake marriages for financial benefit.

In the instant case, he emphasized, that it was the responsibility of the Purohit and the Secretary of the Arya Sanatan Dharm Seva Samiti to ensure that the girl was of legal age.

Moreover, he warned of an organized group in Uttar Pradesh involved in forging Aadhaar cards, creating fake marriage certificates, and facilitating illegal financial activities.

Court, alarmed by the findings in the present case, ordered immediate action against the alleged husband and others facilitating the marriage. 

"The effects of child marriage on around 12-year-old children are devastating, both psychologically and physically. These young brides are thrust into a world of adult responsibilities for which they are neither emotionally nor physically prepared. The psychological trauma and physical health risks they face have long–term consequences, not only for the individual child but for the society as a whole," court said. 

Court also directed the girl to be handed over to the Child Welfare Committee, Etawah and to be provided counselling. 

The steps be taken for the welfare and rehabilitation of the child in accordance with the Government Schemes, court further ordered while posting the matter for next hearing on September 11, 2024.

Case Title: Smt Manjali Devi And Another v. State Of U.P. And 3 Others