Notaries not authorised to execute marriages: Indore bench of MP HC

LI Network

The Indore bench of Madhya Pradesh High Court said that neither the notary is authorized to perform the marriage nor competent to execute the divorce deed.

Justice Vivek Rusia issued the order while granting bail to applicant Mukesh Kumar, resident of Ratlam, accused of conspiring an illegal fake marriage through notary deed.

Mukesh was arrested by Jaora police on basis of complaint filed by complainant Jitendra on 16 September 2020. He also mentioned that on 9 September 2020 Mukesh along with Omprakash, Gayatribai and Nageshwar having common intentions performed his marriage with Gayatribai in the court complex of Indore.

Just 5 days after his marriage i.e. 14 September 2020, Gayatribai vanished with all her belongings. When complainant Jitendra inquired about her from applicant Mukesh, he threatened him with false allegations of rape case.

On basis of complaint filed by Jitendra, the police filed a case and while enquiry they found that applicant Mukesh along with Omprakash, Gayatribai and Nageshwar had distributed 1,50,000 rupees which were given to him by complainant.

The court also observed that it has been repeatedly receiving the cases of forged marriages by notary, therefore the law department is required to look into the matter as to how the notary and oath commissioners are involving themselves in executing the documents of marriage related issues, which are not permissible under the law.

The court has also asked law department for issuing guidelines to notaries and oath commissioners for not executing marriages or divorce failing to which their license would be terminated.