In a key move to tackle rising cases of fake marriages, the Allahabad High Court has directed the Uttar Pradesh Government to amend the Uttar Pradesh Marriage Registration Rules, 2017 within six months. The Court acted on its own (suo motu) after reviewing several petitions filed by runaway couples.
Justice Vinod Diwakar highlighted the need for a "robust and verifiable system" for registering marriages, especially in light of a growing racket involving touts and forged documents.
“Every citizen has the right to choose a life partner, but this right cannot be misused to bypass legal safeguards or submit fake documents,” the Court remarked.
The Court found that fake marriage certificates were often issued by non-existent trusts and societies, especially in districts like Ghaziabad, Gautam Buddha Nagar, and Prayagraj. It was also found that Aadhaar and age proofs were regularly forged, and in many cases, the marriages were not even performed.
“Such fraudulent acts damage the legal system and also risk serious consequences such as human trafficking, child marriage, and forced labour,” the Court observed.
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Key Directions and Suggestions:
The Principal Secretary of the Women and Child Development Department was told to consider the following changes in the Rules:
- Clearly state religious customs/rituals for legal compliance.
- Allow Marriage Officers to raise objections and maintain verification records.
- Regulate priests and institutions issuing marriage certificates.
- Require photocopies of age and residence proof from marriage organizers.
- Link online age verification systems to registration platforms.
- Register marriages only after document verification.
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In the meantime, the Inspector General of Stamps and Registration must enforce a strict protocol from the 14.10.2024 notification, which includes:
- Aadhaar-based biometric verification of bride, groom, and witnesses.
- Uploading of age, identity, and residence proofs via official portals like DigiLocker, PAN, CBSE, and more.
- Video of the marriage ceremony is mandatory for runaway couples.
- Purohit's physical presence and sworn affidavit at the registrar’s office.
- Registration allowed only where one party or their parent resides.
“The sanctity of marriage is being undermined. A regulated and accountable process is urgently needed,” the Court stated.
The Court clarified that these interim measures are especially for runaway marriages, and leniency may be shown if family members are present during registration.
Data Reveals Scale of the Problem:
From August 2023 to August 2024, 29,022 marriages were registered in Ghaziabad alone, far more than in other districts. Investigations showed that many of these involved people from eastern UP with no real link to Ghaziabad, pointing to organized misuse.
During the case (titled Shanidev & Another vs. State of UP and Others), the Court reviewed over 125 petitions, many involving forged Aadhaar cards and false affidavits. Police verified that numerous Purohits, witnesses, and organizations involved were fictitious.
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Multiple FIRs have been registered against sham organizations, and arrests have been made in Prayagraj and Ghaziabad for printing and selling fake marriage certificates.
“It is the responsibility of the State to ensure strict verification and prevent misuse of marriage registration,” the Court emphasized.
The Court also urged the Allahabad High Court Bar Association and other authorities to submit ideas for enforcing Child Marriage Restraint Act and preventing document fraud.
Case title - Shanidev And Another vs. State Of Up And 7 Others and connected matters
