The Court took note of the issue while dealing with a plea by a couple who sought protection after marrying against their families’ wishes. During the hearing, the State informed the Court that the documents submitted by the petitioners seemed to be forged.
This led Justice Vinod Diwakar to observe that there were several such cases were forged documents were used to claim that a valid marriage had taken place.
The judge also noted that agreements such as Vaivahik Anubandh Patra – an instrument outlining the rights and liabilities of the bride and groom – are commonly used to validate a marriage that is secretly performed by runaway couples, particularly if they are underage.
Marriage Registrars also often register such marriages by relying on such agreements or forged documents, after they are notarized by a Public Notary appointed by the government.
The Court has now sought a clarification from the Union Ministry of Law to submit on the scope of authority of public notaries when it comes to notarizing such documents.
“An officer not below the rank of Joint Secretary in the Department of Legal Affairs, Ministry of Law and Justice, Government of India, is directed to file an affidavit addressing the Court’s concerns on or before the next date of hearing,” the Court ordered.
Source: Barandbench
