Case Law Details
Ashish Morya Vs Anamika Dhiman (Allahabad High Court)
Allahabad High Court held that in absence of a valid marriage, marriage certificate of Arya Samaj is not proof of a valid marriage. Accordingly, mere getting a marriage certificate from Arya Samaj is not proof of a valid marriage.
Facts-
In the present case are that the plaintiff-appellant had earlier filed Case No.1028 of 2021, (Ashish Maurya versus Smt. Anamika Dhiman), u/s. 9 of the Act, 1955 which was subsequently withdrawn by him stating that he does not want to press the case for the reason that a compromise has been entered and satpadi ceremony was not performed for marriage. Again he filed Case No.269 of 2022, (Ashish Maurya versus Smt. Anamika Dhiman), u/s. 9 of the Act, 1955 which has been dismissed by the impugned judgment dated 09.09.2022. Aggrieved with this judgement, the plaintiff-appellant filed the present appeal.
In her written statement, the defendant-respondent has clearly denied any marriage between her and the plaintiff-appellant. She made several allegation in her written statement and specifically stated the story of marriage is totally false and in fact there was no marriage at all and the plaintiff-appellant is regularly attempting to black mail her. She has also lodged FIR No.0475 of 2021, dated 04.10.2021, under Sections 384, 328, 506, 376, 427 and 504 IPC, Police Station Sadar Bazar, District Saharanpur in which charge sheet has been filed by the police.
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