The Delhi High Court has directed an Arya Samaj temple to ensure the authenticity of witnesses at marriage ceremonies, following a case where a girl’s marriage to her ‘phupha’ (uncle) was solemnized under false pretenses. The uncle had falsely claimed to be unmarried.
The bench, led by Justice Prathiba M Singh, instructed the temple to include at least one witness from each side—either a relative or a long-time acquaintance who can verify the couple’s identity. In this case, the court noted that the girl’s uncle’s false declaration of being unmarried to the Arya Samaj Mandir was “clearly contrary to law,” rendering the marriage void.
The court highlighted that apart from the couple and the priest, no other witnesses were present at the wedding ceremony held at the Arya Samaj Mandir in Malviya Nagar, casting significant doubt on its “validity and sanctity.” It was revealed that the Arya Samaj temple only takes affidavits regarding the parties’ marital status without further verification.
The court ruled that henceforth, the Arya Samaj Mandir must ensure that witnesses are genuine and bona fide, with at least one relative from both the bride and groom’s sides, or, if no relative is available, an acquaintance who has known the parties for a reasonable period.
The court also ordered that a copy of the present order be sent to the Chief Secretary, GNCTD, for necessary information and appropriate action. The case involved a petition by the girl’s father, who sought the production of his daughter, missing since July 1.
The girl, who appeared in court, claimed that her petitioner was not her biological father but her mother’s second husband, and that she was now living with her “husband” following the marriage.
The court found that the marriage, based on false affidavits regarding the uncle’s marital status, had no legal standing. It expressed regret that the uncle, having abandoned his wife and child, had married his niece under false pretenses.
The court declared the marriage void and stated that while the girl, being a major, could not be compelled to return to her petitioner, the uncle’s wife was free to pursue criminal charges against him. The police were also permitted to investigate the matter according to the law.
