Saturday, November 29, 2025

HINDU MARRIAGE ACT, 1955 — Registration of Marriage — Arya Samaj Marriage Certificate — Evidentiary Status — Held, Arya Samaj marriage certificate is not proof of a valid marriage; has no statutory force; validity of marriage must be examined under the Hindu Marriage Act, 1955 and the U.P. Registration Rules (Paras 8, 12 — as quoted from DB judgment in Ashish Morya v. Anamika Dhiman, 2022 (12) ADJ 584). Authority directed to register marriage only after satisfying validity of marriage in accordance with law, taking age and relevant factors into consideration (Para 9).

HINDU MARRIAGE ACT, 1955 — Registration of Marriage — Arya Samaj Marriage Certificate — Evidentiary Status — Held, Arya Samaj marriage certificate is not proof of a valid marriage; has no statutory force; validity of marriage must be examined under the Hindu Marriage Act, 1955 and the U.P. Registration Rules (Paras 8, 12 — as quoted from DB judgment in Ashish Morya v. Anamika Dhiman, 2022 (12) ADJ 584). Authority directed to register marriage only after satisfying validity of marriage in accordance with law, taking age and relevant factors into consideration (Para 9).

Child Marriage — Age Determination — School Leaving Certificate and Mark Sheets filed as age proof considered by Court (Paras 5, 6).

Juvenile Justice (Care and Protection of Children) Act, 2015 — S.94(2) — Age determination — Competent authority must determine age as per statutory parameters before registration of marriage (Para 9).

Mandamus — Protection from Harassment — Couple’s right to cohabit — Petitioner being sui juris cannot be restrained; no person, including family, can interfere with their peaceful living — Supreme Court precedent in Gian Devi v. Superintendent, Nari Niketan, (1976) 3 SCC 234 applied (Paras 10, 11). Police directed to provide protection if any disturbance occurs (Para 11).

Marriage Registration — Direction to register marriage within two months if lawfully entitled — Order to stand vacated if registration not completed (Para 12). Court clarifies that it has not adjudicated the validity of alleged marriage (Para 13).

Forgery / Fabrication — Liberty to private respondents to seek recall if documents of petitioners found forged (Para 14).


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