ORAL ORDER
(PER: HONOURABLE MR. JUSTICE RAVI R. TRIPATHI)
1. Pursuant to order dated 16.01.2015, respondent No. 3-Saiyed Irfan Riyazul Hussain @ Akbarali Riyazul Hussain produced certificate of marriage issued by Marriage Officer for Ahmedabad under Special Marriage Section 13. It bears names of three witnesses, (1) Bhavanisingh Gidharisingh Shekhavat, resident of 38-1139, Om Shanti Nagar, Opp. Asopalav Society, Vatva village, Ahmedabad-382440, (2) Shaikh Dilbar Gamabhai, resident of Midiya Pahad, Gwaliar and (3) Shahvej Hussain Javed Hussain, resident of House No. 11, Galli-Maholla, Opp. Chotte Imam, Dist. Lucknow, who have signed as the witnesses.
2. Learned APP Mr. Patel makes available for perusal Register of the Marriage Officer for Ahmedabad under Special Marriage Section 13. the certificate issued is found registered at Sr. No. 271/2014. It also bears notice No. 275/2014 dated 22.10.2014 In this Marriage Register, marriages taking place under Special Marriage Act Section 13 are registered. Learned APP also makes available for perusal notice of intended marriage, wherein name of respondent No. 3 is written and it is mentioned that he is ‘unmarried’. Similarly, name of respondent No. 2 is also written and she is also stated to be unmarried. Their occupation, age and addresses are mentioned therein. Along with that, there is declaration by respondent No. 3 mentioning his name to be Akbarali Riyazul Hussain Saiyad. He has made a statement under Section 11 that he is ‘unmarried’; that his age is 21 years; that he has no relation of restricted category with respondent No. 2-Damini Babubhai Chavada. Similarly, declaration of respondent No. 2 is also shown, which is on the same paper, wherein respondent No. 2 has declared that she is unmarried; she is aged 19 years; she does not have any relation with respondent No. 3 of restricted category.
3. In light of the facts disclosed by respondent Nos. 2 and 3 on the last date of hearing, it is clear that incorrect information was declared before the Marriage Officer for Ahmedabad.
4. Learned Advocate Mr. Apurva Dave invited attention of the Court to Section 4 of the Special Marriages Act, 1954. Section 4 provides for “Conditions relating to solemnization of special marriages”, which reads as under:-
“Notwithstanding anything contained in any other law for the time being in force relating to the solemnization of marriages, a marriage between any two persons may be solemnized under this Act, if at the time of the marriage the following conditions are fulfilled, namely:-
(a) neither party has a spouse living;
(b) xxxxxxx”
5. In view of the aforesaid provision, marriage which is claimed to have been solemnized under Special Marriage Act is contrary to the specific provision contained in Section 4 which is a condition precedent for solemnization of marriage and therefore, prima facie it is not a valid marriage as contended by learned Advocate Mr. Apurva Dave.
6. In view of the aforesaid, this Court is of the opinion that respondent No. 2-Damini Babubhai Chavada, who is under influence of respondent No. 3, is required to be kept out of that for sime time and therefore required to be sent to Nari Sarakshan Gruh/Nari Vikas Gruh till the next date of hearing, that is 28.01.2015
7. In the meantime, PSI Mr. K.M Vaghela of Kagadapith Police Station is directed to place the information disclosed by respondent Nos. 2 and 3 before this Court on 13.01.2015 before the Marriage Officer for Ahmedabad under Special Marriage Act so as to see that appropriate action is taken in the matter having made a false declaration before the officer.
8. Two lady Constables of the High Court shall accompany respondent No. 2-Damini Babubhai Chavada and PSI Mr. K.M Vaghela. They are directed to lodge respondent No. 2 to Nari Sarakshan Gruh/Nari Vikas Gruh, Paldi, Ahmedabad. The officer shall ensure that In-charge of Nari Sarakshan Gruh/Nari Vikas Gruh should not allow anybody to contact respondent No. 2, i.e either respondent No. 3 or anybody on his behalf.
9. Learned APP to place xerox copies of the original Register as well as accompanied documents on the record.
10. At the request of learned Advocate Mr. Apurva Dave, learned APP Mr. Patel is asked to supply copies of the said documents to him also.
11. After this order was dictated, respondent No. 2 started threatening to commit suicide and tried to strangulate herself with her ‘dupatta’. With the help of lady Constable, Constable Mr. Rajeshbhai Rukhadbhai Dharajiya and PSI Mr. Vaghela, she is rescued and taken control of. This fact should be reported to the In-charge of Nari Sarakshan Gruh/Nari Vikas Gruh.
12. A copy of this order be made available to learned APP Mr. Patel for its onward communication for compliance.