Fraudulent Marriage Registrations And Involvement Of Public Notaries

Recently, cases of fake marriage registration have come out in the Godhra district of Gujarat. The village panchayat secretary of Bhadrala village has registered hundreds of fake marriages within a month. After a proper investigation, it came out that within 6 months he had registered 550 fake marriages in the village. Even the people from other states also obtained fake marriage certificates from them.

Such cases raise serious concerns regarding the validity of marriage registration. The marriage registration certificate gives legal recognition to the marriage. If the certificate is false that means the marriage has not been solemnized. It even threatens the sanctity of marriage. It is a union of two people which is in danger.

Opinions of Different Courts

• The Allahabad High Court came across a case where a runaway underage couple came for protection against their marriage. 

• The court after verifying the marriage documents held that the documents were forged. 
• This makes the court raise the concern regarding the false marriage certificates.
• The court stated that the marriage registrar registers the marriage by relying on forged documents which are notarized by a public notary. 
• An agreement such as Vaivahik Anubandh Patra, which defines the rights and responsibilities of bride and groom, is used to validate the marriage.

Legal step was taken by the court 

• The court directed the Law Ministry to submit the scope of authority of public notaries in notarizing such documents. 
• The court ordered that the officer in the Department of Legal Affairs who is not below the rank of joint secretary be oblige to file an affidavit addressing the court’s concern regarding false marriage registration.
• It is important to regulate the activities of public notaries. 
• This issue of false marriage registration affects the sanctity of marriage and impacts social relations, family formation, property rights, tax benefits, inheritance, etc.

The Court Even Directed The Union Government

Court even directed the union governmen to examine the following issues such as: –

• whether the public notary is authorize to notarize the Vaivahik Anubandh Patra or not.
• Before affixing the seal, should the public notary verifies the authenticity of the contents of notarized documents, 
• Whether such instruments put upon the parties the legally enforceable duties which arises from such documents and 
• whether the public notary can notarize invalid documents.

The Odisha High Court

• The Odisha high court also held that public notaries are not authorize to notarize any signed instrument of marriage.
• Under section 8 of the Notaries Act, the public notary is not authorize to issue marriage certificates. 
• It is not the function of a public notary. After this also, the notaries continued in issuing marriage certificates. 
• Such false marriage certificates have no value in the eyes of the law. 
• They are not the legal proof of marriage and have no value in the eys of law. 
• The court even held that notaries should be well aware of the law and they cannot perform the function of sub-registrar of marriage which is to register the marriages. 
• The Notaries Act provides the list of documents to which they can attest. That list of documents is exhaustive. 
• They cannot register any document beyond that list. That list in the Notaries Act does not contain the registration of marriage certificates.

Conclusion 

• Marriages are the union between two people. It is a sacred union. 
• If the union is based on false marriage registration, which makes the very foundation of this union false, then it will weaken the sanctity of such a union. 
• With marriage, many other rights are also attach. The right to procreate,, which is to have children. This false marriage registration will affect their legitimacy also. 
• It will even affect the property division laws as well. If the marriage registration is false, it will affect the validity of the marriage and all the rights that come along with such validity.

For further information regarding court marriage procedures, please contact Lead India. We provide a platform for conducting legal marriages through the court system. You can talk with a lawyer and inquire about any legal questions you may have. Our legal experts are available to assist you with any legal issues you may encounter