Prayagraj: The Allahabad High Court on a habeas corpus (illegal detention) petition filed by a man named Bhola Singh to prove he was legally married held that the marriage certificate issued by the Arya Samaj Mandir cannot be the sole ground to attest a marriage. The court alleged that the Arya Samaj institution was abusing its recognition in offering marriage certificates without proper documentation. The petition was filed in the backdrop of an FIR registered against Bhola Singh by the father of the girl to whom he was claiming to tie the nuptial knot.
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The petitioner had filed a habeas corpus petition alleging that his wife was held, hostage. To prove that they were legally married, the counsel for the petitioners produced before the court a certificate issued by the Arya Samaj Mandir, Ghaziabad and a certificate of marriage registration, along with some photographs. The bench said that the court is flooded with marriage certificates issued by various Arya Samaj Societies, which have been seriously questioned during various proceedings before this court as well as other High Courts.
The said institution has abused its faith in solemnizing the marriage without considering the genuineness of the documents. Since the marriage has not been legally registered, it cannot be presumed that the parties have got married on the basis of the said certificate alone. On Bhola Singh's habeas corpus petition, a bench of Justice Saurabh Shyam Shamsheri said that habeas corpus is a privileged writ and an extraordinary remedy. It cannot be issued as a right, it can be issued only on reasonable grounds. The court dismissed the petition stating that alternative remedies were available to the petitioners.
