SALONI DIWOLIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed seeking following reliefs :

(2.) It is submitted by counsel for the petitioners that both the petitioners are major and are of marriageable age and do not have any disqualification under the provisions of Hindu Marriage Act. They have performed marriage on 16/11/2022 in Arya Samaj Shivkatra, Kanpur Nagar and have also got their marriage registered. The petitioner No.1 has an apprehension that her parents and her relatives may lodge false report against her husband or her in-laws, therefore, she made a complaint/application to the police Authority on 22/11/2022 praying for recording of her statement before proceeding further on the FIR/complaint made by the parents/relatives.

(3.) The petitioners are the resident of Gwalior, whereas the marriage is alleged to have been performed at Arya Samaj Shivkatra, Kanpur Nagar. Counsel for the petitioners could not point out any provision of law, by which Arya Samaj Shivkatra, Kanpur Nagar is competent to issue any marriage certificate, therefore, this Court cannot rely upon the marriage certificate issued by Arya Samaj Shivkatra, Kanpur Nagar. So far as the certificate of registration of marriage issued by Marriage Registration Officer, Kanpur Nagar is concerned, it appears that it has been issued in utter violation of Sec. 5 and 6 of Special Marriage Act. It is not the case of the petitioners that any of them was residing for a period of 30 days at a place within the territorial jurisdiction of Marriage Officer, Kanpur Nagar. Further, there is nothing on record to show that any notice was sent to the Marriage Registration Officer at Gwalior as required under Sec. 6 of Special Marriage Act. Therefore, marriage certificate relied upon by the petitioners cannot be considered.