Allahabad High Court
Gaurav Dutta vs Smt. Afreen Gaurav @ Smt. Priya on 22 August, 2024
Author: Saumitra Dayal Singh
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ? Neutral Citation No. - 2024:AHC:134931-DB Court No. - 39 Case :- FIRST APPEAL No. - 275 of 2022 Appellant :- Gaurav Dutta Respondent :- Smt. Afreen Gaurav @ Smt. Priya Counsel for Appellant :- Rahul Kumar Tyagi Counsel for Respondent :- Punya Sheel Pandey Hon'ble Saumitra Dayal Singh,J.
Hon'ble Donadi Ramesh,J.
1. Heard Sri Rahul Kumar Tyagi, learned counsel for the appellant and Sri Punya Sheel Pandey, learned counsel for the respondent.
2. The present appeal has been filed under Section 19 of the Family Courts Act, 1984, arising from the judgment and order dated 08.03.2022 passed by Principal Judge, Family Court, Meerut, in Case No.1356 of 2021 (Gaurav Dutta Sharma Vs. Smt. Afreen Gaurav) whereby learned court below has dismissed the proceedings instituted by the parties under Section 13 (B) of the Hindu Marriage Act, 1955 on the solitary reasoning that the conversion to Hinduism of Afreen Gaurav was not in accordance with law.
3. Having heard learned counsel for the parties and having perused the record, we find that though Afreen Gaurav was a practising Muslim, she disclosed to have converted to Hinduism at Arya Samaj Mandir, Dadri. A certificate issued by the said Arya Samaj Mandir dated 09.07.2007 is on record in this appeal. Further the parties proved before learned court below that their marriage was performed at the Arya Samaj Mandir, Dadri. The certificate of that marriage solemnized is also on record. Then, in any case the marriage between the parties is registered under Rule 8 of the U.P. Hindu Marriage Registration Rules, 1973. That certificate dated 22.08.2007 was issued by Registrar, Hindu Marriage, Meerut. The said certificate is also undisputed, at this stage.
4. In face of such evidence led and in absence of any doubt as to the registration of the Hindu marriage between the parties, a presumption did exist in terms of Section 114 of the Indian Evidence Act, 1872. That official act of registration of marriage between the parties raises a presumption that a Hindu marriage was duly performed. Thus, in face of unrebutted or undoubted evidence of a valid Hindu marriage it is not open to us to disbelieve or doubt the validity of Hindu marriage between the parties. The marriage registration certificate has not been cancelled and no declaration has been sought or made, thereagainst.
5. To the extent, the learned court below has not looked at the above certificate of marriage and consequences directly flowing therefrom and further, to the extent, learned court below has acted on its self-doubt and not on any proven fact or circumstance, the finding of the learned court below that no Hindu marriage was solemnized between the parties, cannot be sustained. Also, if the reasoning of the learned court below were true, there would be no valid marriage between the parties. It would lead to an anomalous situation in which event the impugned order itself would amount to a negative declaration of a void marriage. In that event there were never two Hindus who were married.
6. Then as to merits of the matter, we find marriage between the parties was solemnized on 09.07.2007. Marriage itself is 17 years old. There are two children born. Accordingly, we set aside the impugned order dated 08.03.2022 and remit the matter to the learned court below to allow the parties to appear at the second motion petition and pass appropriate orders strictly in accordance with law without being swayed by the fact that one of the parties (Afreen Gaurav) had converted to Hinduism at the stage of her marriage.
7. Further, in view of the fact, much time has been lost, let second motion proceedings be completed within a period of three months from today.
8. Accordingly, the present appeal is allowed.
Order Date :- 22.8.2024
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(Donadi Ramesh, J.) (S.D. Singh, J.)