At, High Court of Rajasthan Jaipur Bench
By, THE HONOURABLE MR. JUSTICE ALOK SHARMA
For the Petitioner: Jagmeet Singh, Advocate. For the Respondents: B.K. Sharma, Advocate.
1. This writ petition has been filed with the prayer that the respondent-State be directed to take appropriate action against the respondent Nos.3 to 5 and cancel the marriage certificate dated 23.04.2008 of the petitioner's daughter namely Padma Rani, the respondent No.7 to whom one Ramjan Khan, the respondent No.6 fraudulently got married as also to direct initiation of the criminal process against the respondent Nos.3, 4, 5 and 6 who allegedly colluded in processing the marriage certificate of the purported marriage of Ramjan Khan wit
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h the petitioner's daughter Padma Rani on 12.12.2007.
2. The case of the petitioner is that his daughter Padma Rani was fraudulently forced into a marriage with Ramjan Khan after she allegedly converted to Islam. It has been submitted that the entire documentation created in the process including the 'nikahnama' were an outcome of a criminal conspiracy. The purported marriage of Ramjan Khan and Padma Rani was illegal yet registered without compliance with the requisite statutory formalities. FIR No.527/2008 was registered in respect of the aforesaid event of the alleged marriage for offences under Section 420, 467, 468, 471 and 120-B IPC at Police Station Kotwali, Alwar at the petitioner's instance. Some of the accused were arrested, yet the investigation remains pending even while the petitioner has not seen or heard of his daughter since her purported marriage. In the aforesaid facts, it has been prayed that it be directed that investigation in F.I.R. No.527/2008 be expedited and the respondent-State be directed to cancel the marriage certificate dated 23.04.2008 evidencing his daughter's purported marriage to Ramjan Khan. Reply to the writ petition has been filed by Municipal Council, Alwar. It has been submitted that a joint application was filed by the respondent Nos.6 and 7 for registration of their marriage. After scrutiny and requisite verification through the jurisdictional Police Station and considering relevant papers, the marriage certificate dated 23.04.2008 was issued evidencing Ramjan's marriage to Padma Rani. It has been submitted that even though the petitioner seeks cancellation of marriage certificate dated 23.04.2008, there is no provision in law conferring jurisdiction on the Municipal Council, Alwar or any of its officers to cancel a marriage certificate. In the circumstances, the application of the petitioner for the purpose was consigned to record. And in any event on the petitioner's own say the alleged fraud is under Police investigation.
3. Counsel for the parties have reiterated the contents of the pleadings in their respective submissions.
4. Heard. Considered.
5. A writ petition can be laid only in the event of contravention of legal or fundamental right/s of the petitioner or failure of a statutory authority to discharge its duty to a petitioner. The case set up before this Court by the petitioner is not covered by any of the aforesaid situations. A marriage certificate under the Rajasthan Compulsory Registration of Marriages Act, 2009 was issued qua the marriage of the respondent Nos.6 & 7. No provision of the said Act or otherwise has been brought to my notice where under a writ court can issue a direction for the cancellation of a marriage certificate more so at the instance of a third party which may even be the father of the bride or for that matter the groom. In the circumstance, the prayer of the petitioner for a direction to the Municipal Council to cancel the marriage certificate dated 23.04.2008 cannot be acceded to. As far as the pendency of first information report at Police Station, Kotwali Alwar is concerned, neither the counsel for the petitioner nor for the respondent were in a position to state the present status of the investigation. In so far as wrong doing attributable to the officers of the Municipal Council, Alwar, in issuing the marriage certificate dated 23.04.2008 is concerned, it would be a matter of enquiry by the competent authority and cannot be a matter at least in the first instance, for this Court to address in a petition under Article 226 of the Constitution of India.
6. Consequently, I am disinclined to entertain this writ petition but would instead dispose it of with the following directions:-
1. That investigation in FIR No.527/2008 registered at Police Station Kotwali, Alwar for the offences under Section 420, 467, 468, 471 and 120-B IPC if still pending be concluded within a period of three months from the date of receipt of a certified copy of this order before the Investigation Officer.
2. On an application filed by the petitioner and a prima facie case of wrong doing by any officer of the Municipal Council, Alwar in issuing the marriage certificate dated 23.04.2008 being made out, a departmental enquiry be conducted against the delinquents and be concluded, compliant with due process, within a period of six months of its commencement.
3. The petitioner, if entitled in law, would be free to take his remedies against the purported illegal marriage certificate dated 23.04.2008 evidencing his daughter's marriage to Ramjan Khan, before an appropriate court of civil jurisdiction. In such an eventuality, the concerned Court shall decide the suit on its merits without being influenced in any manner by liberty granted by this Court.
Writ Petition dismissed with above directions.