The Delhi High Court, led by Justice Prathiba M Singh, instructed Arya Samaj Temples to ensure that marriage witnesses are genuine. The court emphasized that the temple should strive to have at least one witness from each side who is either a relative or a long-time acquaintance.
New Delhi: The Delhi High Court, addressing a case where a girl married to her uncle who falsely claimed to be unmarried, directed Arya Samaj temples to verify the authenticity of witnesses present during such ceremonies.
A bench led by Justice Prathiba M Singh emphasized that the temple should ensure at least one witness from each side is either a relative or someone well-acquainted with the individuals for a considerable duration.
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In this particular case, the court noted that the girl’s uncle deceitfully declared himself unmarried to the Arya Samaj Mandir, which is “clearly against the law,” rendering the marriage invalid.
The court observed that only the couple and the priest who solemnized the marriage were present at the wedding ceremony held at the Arya Samaj Mandir in Malviya Nagar, raising concerns about its “validity and sanctity.” The court informed that while the Arya Samaj temple requires affidavits regarding the marital status of the parties, no further verification conducted.
The bench, which included Justice Amit Sharma, stated in its order,
“The Arya Samaj Mandir shall henceforth ensure that the witnesses produced for the purposes of marriage are genuine and bona fide, with verifiable status. The temple should endeavour to have at least one witness who is a relative from both sides, i.e., the bride and the bridegroom. If no relative is available, an acquaintance who has known the parties for a reasonable period may be allowed to act as a witness.”
The court ordered,
“A copy of the present order be sent to the Chief Secretary, GNCTD for necessary information and to take appropriate measures in this regard.”
This directive came as the court was addressing a petition filed by the girl’s father, who sought the production of his daughter, missing since July 1. The girl, appearing before the court, asserted that the petitioner is not her biological father but her mother’s second husband and that she is now living with her “husband” after their marriage.
The court noted that the marriage, solemnized based on false affidavits regarding the uncle’s marital status, holds no legal standing.
The court remarked,
“It is unfortunate that Mr. S.. (the uncle) has abandoned his wife/child and claims to have married a girl who is his niece. This court holds that the alleged marriage ceremony conducted by the Arya Samaj Mandir is, on its face, a void marriage, as Mr. S declared in the affidavit submitted for the marriage that he is unmarried, while clearly his wife, Ms. K, is alive, and they also have a son.”
Since the girl is of legal age and has refused to accompany the petitioner, the court stated that no further orders could be issued. However, it clarified that the uncle’s wife is free to pursue her criminal complaint and take action against him according to the law. The police, the court added, can also investigate the matter in accordance with legal procedures.