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Synopsis

The Delhi High Court recently directed the Arya Samaj Mandir to ensure that the witnesses presented for a couple's marriage were genuine and bona fide, with their status being properly verifiable. This directive followed a plea filed by a father seeking the production of his daughter, who had married her uncle. The court noted that the groom had falsely informed the Arya Samaj Mandir that he was a bachelor, leading to the annulment of their marriage.

“The Arya Samaj Mandir shall henceforth ensure that when witnesses etc. are produced for the purposes of marriage, they are genuine and bonafide witnesses, whose status can be verified properly. The temple shall endeavour to call at least 1 witness who is a relative, from both the sides, i.e, the bride and the bridegroom and if there is no relative, some acquaintance who knows the parties concerned for a reasonable period of time shall be permitted to become a witness”, the bench of Justice Prathiba M. Singh and Justice Amit Sharma held. 

A father approached the court through a writ petition seeking the production of his daughter, who was reported missing since July 1, 2024. Subsequently, the father discovered that his daughter had married her real uncle (Respondent No. 5). The marriage ceremony was allegedly conducted at Arya Samaj Mandir. So the father filed a complaint alleging that Respondent No. 5 prevented the parents from meeting their daughter, prompting the filing of the petition. 

Advocate Manendra Mishra, representing the father, submitted various marriage-related documents, including a marriage certificate dated July 1, 2024, which confirmed the marriage of Respondent No. 5 with his daughter. 

The court noted that Respondent No. 5 had falsely declared himself to be unmarried in the marriage certificate issued by Arya Samaj to marry his daughter, an act that was clearly contrary to the law. Furthermore, the court observed the manner in which the marriage of his daughter with Respondent No. 5 was conducted. From the photographs filed with the petition, it appeared that only the couple and one pujari/panditji were present during the ceremony. The validity and sanctity of such marriages were highly questionable.

The court thus held, “that the alleged marriage ceremony which has been conducted by the Arya Samaj Mandir, on the face of it, is a void marriage”.

The court further passed instructions to Arya Samaj Mandir to ensure that the witnesses produced for the purpose of marriage are genuine and bona fide, with their status properly verified. The Arya Samaj Mandir was also advised to call at least one witness from both the bride’s and bridegroom’s sides, preferably a relative or someone who has known the parties for a reasonable period of time. 

Case Title: Mukesh Kumar Sen v State NCT Of Delhi & Ors (2024:DHC:6312-DB)