"Mistake Is Not a Sin, Repeating It Is": MP High Court Spares Notary Over Fake Marriage Document

The Madhya Pradesh High Court, Gwalior Bench, has let off a Datia-based notary who mistakenly notarised a document giving a young couple the false impression that a court marriage had been performed, after he apologised, agreed to pay Rs 2,00,000 for the welfare of the Bar, and undertook to put up a public notice board declaring that marriage documents cannot be notarised.

A Division Bench of Justice G. S. Ahluwalia and Justice Anuradha Shukla was dealing with a suo motu writ petition registered against Notary Public Raghvendra Samadhiya, arising out of an earlier habeas corpus case in which a woman was allegedly in illegal detention of her own father. When the woman appeared before the court, she stated that she and the man had gone to the District Court in Datia believing they were getting a court marriage done, where an advocate obtained their signatures on certain papers and told them the marriage stood performed. The case diary produced before the court revealed a notarised document notarised by Samadhiya, purporting to record the marriage.

Taking note of an office memorandum dated October 10, 2024 issued by the Ministry of Law and Justice's Notary Cell, and its own earlier rulings that a notary has no jurisdiction to execute documents creating a false impression that a court marriage has taken place, the court issued notice to Samadhiya. He appeared on July 28, 2026, and accepted that the document had been notarised by mistake, admitting he was aware he had no authority to act as a Marriage Officer.

On August 12, after Senior Advocate Jitendra Sharma, assisted by Advocates Ankur Maheshwari and Satya Pal Solanki, sought and obtained time to file a reply, a formal affidavit was placed on Samadhiya's behalf, tendering an "unconditional apology" and an undertaking never to repeat such a mistake, and praying that the lapse be condoned "as last mistake" and the proceedings dropped.

Sharma urged the bench to give Samadhiya one more opportunity, submitting that the undertaking came from the heart and was not an attempt to escape the proceedings. Samadhiya, appearing in person, told the court he was willing to contribute Rs 2,00,000 for the welfare of lawyers and would install a display board stating that marriage affidavits cannot be notarised.

Accepting the submissions, the bench observed, "Committing a mistake is not a sin, but repeating the same will be a sin. There should not be any hatred towards a sinner, but hatred should be for the sin." It noted that Samadhiya had accepted his fault both on July 28 and again during the hearing, and that whether the acceptance came from the heart or was superficial "cannot be adjudicated in these proceedings because that can be ascertained from his future conduct."

The court accordingly permitted Samadhiya to resume his notarial practice, but only after affixing a board declaring that he will not notarise any document pertaining to the performance of marriage, and depositing Rs 2,00,000 with the court's Registry by Monday, August 17, 2026, for use by the High Court Bar Association, Gwalior. It made clear that any attempt to notarise a document before the amount is deposited would be treated as "utter defiance" of the order, inviting a permanent bar on his notarial work. His register, sealed on July 28, was ordered returned, with an endorsement recording the period of suspension.

Government Advocate G. K. Agrawal appeared for the State.

Jitendra Sharma, also a member of the Bar Council of India, further suggested that a letter reproducing the 2024 memorandum be circulated to all notaries, reminding them they are barred from executing marriage or divorce deeds. Calling the suggestion consistent with law and aimed at protecting "innocent aspirants who go to the Court under the hope and belief that they will get the court marriage performed," the bench appreciated the gesture and formally disposed of the writ petition, closing the suo motu proceedings against the notary.

Case Title: In Re. Suo Moto Writ Petition 26269/2026 v. Raghvendra Samadhiya Notary Public Datia

Date of Order: August 12, 2026

Bench: Justice G. S. Ahluwalia and Justice Anuradha Shukla