AMARJEET SINGH S/O SHRI JAHANGI RAM Vs. THE STATE OF RAJASTHAN THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT AND URBAN DEVELOPMENT, SECRETARIAT, JAIPUR

JUDGEMENT

(1.) This writ petition has been filed with the prayer that the respondent-State be directed to take appropriate action against the respondent Nos.3 to 5 and cancel the marriage certificate dated 23.04.2008 of the petitioner's daughter namely Padma Rani, the respondent No.7 to whom one Ramjan Khan, the respondent No.6 fraudulently got married as also to direct initiation of the criminal process against the respondent Nos.3, 4, 5 and 6 who allegedly colluded in processing the marriage certificate of the purported marriage of Ramjan Khan with the petitioner's daughter Padma Rani on 12.12.2007.

(2.) The case of the petitioner is that his daughter Padma Rani was fraudulently forced into a marriage with Ramjan Khan after she allegedly converted to Islam. It has been submitted that the entire documentation created in the process including the 'nikahnama' were an outcome of a criminal conspiracy. The purported marriage of Ramjan Khan and Padma Rani was illegal yet registered without compliance with the requisite statutory formalities. FIR No.527/2008 was registered in respect of the aforesaid event of the alleged marriage for offences under section 420, 467, 468, 471 and 120B IPC at Police Station Kotwali, Alwar at the petitioner's instance. Some of the accused were arrested, yet the investigation remains pending even while the petitioner has not seen or heard of his daughter since her purported marriage. In the aforesaid facts, it has been prayed that it be directed that investigation in F.I.R. No.527/2008 be expedited and the respondent-State be directed to cancel the marriage certificate dated 23.04.2008 evidencing his daughter's purported marriage to Ramjan Khan. Reply to the writ petition has been filed by Municipal Council, Alwar. It has been submitted that a joint application was filed by the respondent Nos.6 and 7 for registration of their marriage. After scrutiny and requisite verification through the jurisdictional Police Station and considering relevant papers, the marriage certificate dated 23.04.2008 was issued evidencing Ramjan's marriage to Padma Rani. It has been submitted that even though the petitioner seeks cancellation of marriage certificate dated 23.04.2008, there is no provision in law conferring jurisdiction on the Municipal Council, Alwar or any of its officers to cancel a marriage certificate. In the circumstances, the application of the petitioner for the purpose was consigned to record. And in any event on the petitioner's own say the alleged fraud is under Police investigation.

(3.) Counsel for the parties have reiterated the contents of the pleadings in their respective submissions.