The Allahabad High Court last week handed down an improper ruling on Arya Samaj’s marriage, citing the belief that the agency arranged the marriage without even considering the genuineness of the documents in the Bhola Singh v State of UP case.
Judge Saurabh Shyam Shamshery noted that the court was flooded with marriage certificates from various Arya Samaj societies that had been severely challenged. Advocate Dharam Veer Singh appeared for the petitioner while the State was represented by government advocate Sunil Srivastava.
Judge said, “Since the marriage was not registered, it cannot be assumed that the parties were married on the basis of this certificate alone.” The High Court was prompted to make this
remark upon hearing Corpus’ petition for habeas corpus alleging that Corpus was the wife of petitioner.
Meanwhile, the Court was also informed that the alleged wife’s father had filed a complaint against the Applicant and that an investigation into the complaint was ongoing.
Justice Shamsherry also said habeas corpus is a special remedy and cannot be issued as a matter of right.
The petitioner have access to other criminal and civil remedies for this purpose. Thus, the current petition for a writ of habeas corpus at the request of her husband to retrieve his wife as a corpus, despite the fact that marriage may not apply, is clearly unsupported.
Therefore, although no cases of illegal detention were found, the complaint was dismissed.
The corpus is a major and an F.I.R. has been lodged against the petitioner No. 1 by father of petitioner No.2 corpus and investigation is undergoing, therefore, there is no case of illegal detention.
