Fundamental Right to Marry Is Not a Licence to Commit Fraud: Allahabad High Court Exposes Widespread Racketeering in Protection Petitions by Runaway Couples

Writ jurisdiction cannot be invoked by fraudulent means to bypass statutory law” – “The Sanctity of Marriage Cannot Be Built on Forged Certificates and False Identities”, - Allahabad High Court, in a significant judgment sounded a constitutional and administrative alarm on the rampant abuse of writ jurisdiction by runaway couples. These petitions, which sought protection under Article 21 of the Constitution, were found to be premised on fabricated marriage certificates, fake Aadhaar cards, forged educational documents, and manipulated affidavits.

In an extraordinary and detailed judgment that spans not only individual misconduct but also institutional failure, the Court ordered a complete overhaul of the marriage registration system in Uttar Pradesh, terming the ongoing fraud as “a systemic threat to the institution of marriage and judicial credibility.”

The judgment is a watershed in addressing the mushrooming trend of couples eloping, forging documents, and approaching constitutional courts under the veil of personal liberty.

 “A Well-Oiled Machinery of Deceit”

The lead petition was filed by Shanidev and another, seeking police protection after allegedly marrying against their families’ wishes. They claimed to have solemnized their marriage at an Arya Samaj temple in Greater Noida and supported their claim with a certificate, Aadhaar cards, and a complaint to the SSP, Etawah. However, the State raised serious objections to the authenticity of the documents. The Court noted that the marriage certificate lacked even the basic details such as the name of the priest or valid witness signatures.

Justice Diwakar observed: “This Court cannot remain a mute spectator to the abuse of its writ jurisdiction in the name of Article 21. A disturbing pattern has emerged—runaway couples approaching this Court with documents that have been created for the sole purpose of securing a protection order, with no real marriage having ever taken place.”

The case was not an isolated one. It was heard along with 124 other similar petitions that had flooded the Court. On scrutiny, many were found to be based on forged documents.

The central legal question was whether Article 21 could be invoked by couples claiming to be married on the strength of fabricated documents and false identities.

Justice Diwakar did not mince words: “While the fundamental right to marry is recognised under Article 21 of the Constitution, it is not an unrestricted right to flout statutory provisions, especially through deception and manipulation of public records.”

The Court examined several forged certificates from trusts and societies claiming Arya Samaj affiliations. It turned out many of these did not exist. In numerous cases, the marriage had neither been solemnized as per Hindu Marriage Act, 1955, nor registered according to the Uttar Pradesh Marriage Registration Rules, 2017.

“The very purpose of solemnization and registration is defeated when documents are manufactured in bulk through cyber cafés and touts for filing writs in constitutional courts,” the Court lamented.

A Fraud Unveiled: “The Scale of Forgery Is Unprecedented”

According to data submitted by the Inspector General, Stamp and Registration, more than 29,000 marriages were registered in Ghaziabad alone between August 2023 and August 2024 — an astronomical figure compared to other districts like Shrawasti (51), Kasganj (119), or Chitrakoot (112).

Justice Diwakar noted: “This large-scale fraud could not have occurred without the active collusion or gross negligence of local police and Deputy Registrar offices. Their silence is a loud testimony of institutional complicity.”

The Court highlighted a racket involving touts, photocopy shop operators near the High Court, and fictitious religious trusts. FIRs were registered in both Ghaziabad and Prayagraj under Sections 318(4), 336(3), 338, and 340(2) of the Bharatiya Nyaya Sanhita, 2023.

In one case, computers seized from a photocopy shop in Prayagraj were found to contain proformas of fake marriage certificates bearing illegible seals and forged names of priests such as “Santosh Kumar Shastri” and “Shyam Sundar Arya.”

“The fraud is not limited to documents. It is a complete ecosystem — false witnesses, fake affidavits, morphed photographs, and even fictitious temple addresses. It amounts to an assault on the institution of marriage itself,” the Court observed.

Remedial Measures and Sweeping Directions: “Statutory Safeguards Must Be Real, Not Illusory”

Recognising the scale of the crisis, the Court directed a complete reformation of the Uttar Pradesh Marriage Registration Rules, 2017. In the meantime, Justice Diwakar passed binding interim directions to be followed across all districts of the State:

• Mandatory video recording of marriage ceremonies

• Physical presence of the Purohit or officiant at the time of registration

• Affidavit by Purohit with full identity details

• Marriage registration to be allowed only where either party or their parents ordinarily reside

• Strict Aadhaar and document verification using official portals

• No reliance on unregistered rent agreements as proof of residence

“An unregistered rent agreement shall not be considered as valid proof of residence. The marriage shall be registered only at a place where either party or their parents ordinarily reside,” the Court declared.

In addition, the Court directed the Chief Secretary, Government of Uttar Pradesh, and Principal Secretary, Department of Women and Child Development, to amend the 2017 Rules within six months, incorporating the extensive safeguards laid down in the judgment.

 “Marriage is a Sacred Institution, Not a Legal Loophole”

Justice Diwakar’s judgment goes beyond procedural safeguards—it is a wake-up call to protect the moral and legal foundations of marriage, personal liberty, and judicial integrity.

“The fraudulent issuance of marriage certificates not only violates statutory provisions but also infringes upon constitutional guarantees of dignity and equality. It exposes minors to premature marital obligations, potential exploitation, and denies them educational and personal development opportunities,” the Court stated.

With over a hundred petitions dismissed and the petitioners redirected to seek relief only after police verification, the High Court has reclaimed the sanctity of its jurisdiction and drawn clear lines around the misuse of Article 21.

“Let it be understood clearly—writ jurisdiction is a shield of liberty, not a refuge for fraud.”

Date of Decision: 12 May 2025