Prayagraj: In an important decision the Allahabad High Court said marriage cannot be deemed legal on the basis of a certificate issued by the Arya Samaj Societies as the organization does not look into the genuineness of documents submitted by parties.
While rejecting a habeas corpus petition filed by one Bhola Singh and another, Justice Saurabh Shyam Shamshery observed: “The Court has been flooded with the marriage certificates issued by different Arya Samaj Societies which has been seriously questioned during different proceedings before this court as well as by other high courts.”The court observed: “The said institution has misused their beliefs in organising the marriages without even considering genuineness of documents and since the marriage has not been registered, therefore, only on the basis of said certificate it cannot be deemed that the parties have married.”
“This is a habeas corpus petition alleging that corpus is wife of petitioner No 1 (Bhola Singh). In order to prove that they were legally married, Dharam Veer Singh, learned counsel for petitioners, has placed reliance upon a certificate issued by Arya Samaj Mandir, Ghaziabad and further a certificate of registration of marriage as well as certain photographs,” the court said.
The petitioner filed the petition seeking direction to produce his wife before the court, after an FIR was filed against him by the father of the corpus and the case is being probed by the police.
The court observed that otherwise also, habeas corpus is a prerogative writ and an extraordinary remedy.
It cannot be issued as a right but only on reasonable grounds or probability is shown.
“The petitioners have other remedies available for the purpose under criminal and civil law, therefore, the present writ petition for habeas corpus at the behest of the husband to regain his wife as corpus is not maintainable as a matter of course, ignoring that marriage cannot be deemed to be solemnized,” it said in its order.
The court said, “In the present case, the corpus is a major and an FIR has been lodged against petitioner No 1 by father of petitioner No 2 corpus and investigation is undergoing, therefore, there is no case of illegal detention. The petition stands dismissed.”
