|
 |

|
 |
 |
 |
|
Fraudulent Marriages and Divorces
by Vivaha Karyalayas |
|
1996
Several marriage shops had mushroomed around the
Metropolitan Magistrate’s Court at Bandra,
Mumbai and were luring young couples into
performing ‘quickie’ marriages and were charging
an exorbitant fees for it. Such marriages, when
came under scrutiny failed to prove their
authencity and often ended denying the concerned
woman her matrimonial rights. In order to
prohibit such practices, we filed a writ
petition in 1996, which received wide media
publicity. The police raided several such shops,
found incriminating evidence against lawyers and
court officials running the business of
registering fake marriages. Several lawyers were
arrested and the marriage shops were sealed. We
also pressed for a new legislation, which would
give authority to the Registrar of Marriages to
scrutinise documents before registering
marriages. A new act was enacted in 1998 titled,
Maharashtra Regulation of Marriage Bureaus and
Registration of Marriages Act, 1998. It became
mandatory for the couple to appear before the
marriage registrar and sign in the register
maintained by him. In the explanation of the new
act Majlis’ role in bringing it about is
mentioned.
2004
Unfortunately, since the Registrar of Marriages
failed in his duty to scrutinise the functioning
of marriage bureaus, after a while, gradually
these bureaus mushroomed again and were engaging
in activities of solemnising marriages and
drawing up illegal divorce decrees. Advocates
and Notaries were associated with these marriage
shops, which provided them with a cloak of
legitimacy.
In August 2004, the case of one Pooja Kamble hit
the news headlines. Pooja was assaulted and
taken by her husband to one of these marriage
shops at Bandra (East) and was forced to sign
documents allegedly for divorce which deprived
her custody of her children and her right of
maintenance. Following this incident, we filed
another Writ Petition in the Bombay High Court.
As a result of this petition, the marriage shops
have closed down. The Registrar of Marriages was
constrained to take action against several
marriage shops, which have been carrying such
illegal and fraudulent activities. The Bar
Council of Maharashtra and Goa conducted an
enquiry and four lawyers were debarred.
|
|
|
 |
|
|
 |
|