[ High Court of Judicature at Allahabad (Lucknow Bench) ]

Allahabad HC Bars Lucknow Arya Samaj Mandir from Solemnising Marriages After Finding Groom Was 19, Not 22

The Allahabad High Court, Lucknow Bench, froze marriage operations at an Arya Samaj Mandir that issued a certificate claiming a 19-year-old groom was 22, relying solely on an affidavit and no documentary age proof.

8 August 2026 — Manaswi Singh — 7 min read

A Division Bench of the Allahabad High Court sitting at Lucknow—comprising Justice Rajnish Kumar and Justice Mrs. Babita Rani—has prohibited the Arya Samaj Mandir, Sector H (Harsh Vihar Puraniya), Aliganj, Lucknow from solemnising any marriage or issuing any marriage certificate until further orders. The bench acted after the institution's own Secretary conceded, in open court, that the groom's age had been recorded as 22 years on the basis of an affidavit alone, despite his Aadhaar Card showing a date of birth of 01.01.2007—making him 19 at the time of the marriage on 20 July 2026. The court also directed that the institution's marriage register and the affidavits produced before it be sealed and retained by the Senior Registrar for the next date of hearing.

The Petition and the Age Dispute

The petition was filed by Neha (petitioner No. 1) and Anand Kumar (petitioner No. 2) as Criminal Misc. Writ Petition No. 7309 of 2026, seeking protection from alleged harassment by opposite party No. 4 and from the local police, which they claimed was acting at that party's behest. They relied on the Supreme Court's judgment in Lata Singh v. State of U.P. and Another, (2006) 5 SCC 475, which extends protection to major couples who marry against family wishes.

However, when the petition came up for hearing, the State's Additional Government Advocate raised a preliminary objection: according to the Aadhaar Card filed as Annexure No. 4 to the writ petition itself, petitioner No. 2—Anand Kumar—was about 19 years old. The Class VII marksheet and Aadhaar Card of petitioner No. 1—Neha—similarly showed her age as approximately 19 years. Because the legally prescribed marriageable age for a male is 21 years under The Prohibition of Child Marriage Act, 2006, the State argued the marriage could not have been validly solemnised.

Against this, counsel for the petitioners pointed to a marriage certificate issued by the Head of Arya Samaj Mandir, Sector H, Aliganj, Lucknow, which recorded Anand Kumar's age as 22 years. The certificate was dated 20 July 2026.

Court Summons the Arya Samaj Head

On 24 July 2026, the bench directed the Head of the Arya Samaj Mandir to appear in person on 28 July 2026 with the complete record, to explain on what basis the marriage had been solemnised and the groom's age recorded as 22 years. The Additional Government Advocate was directed to ensure compliance, and the Senior Registrar was asked to communicate the order to the institution directly.

On 28 July 2026, Sri Sankalp Mishra, Secretary of the institution, appeared in person. He is an advocate and the son of the Head of the institution, who is aged about 88 years and was unable to travel. Sri Mishra produced the institution's marriage register and a set of affidavits.

What the Secretary Admitted in Court

When the bench asked how Anand Kumar's age came to be stated as 22 years when his Aadhaar Card showed a date of birth of 01.01.2007, Sri Mishra stated that the mother of petitioner No. 2 had submitted an affidavit declaring him to be 22 years old. No documentary proof of age was produced before the marriage was solemnised. When pressed further as to why the Aadhaar Card—which the court noted has been made compulsory for every citizen—was not even asked for, Sri Mishra could point to no rule or provision that permitted the institution to accept an affidavit in lieu of documents.

Sri Mishra stated that the institution solemnises marriages under Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015. However, he fairly conceded before the bench that an affidavit is not permissible under that provision and that the marriageable age of a male is 21 years under The Prohibition of Child Marriage Act, 2006.

The bench then examined the affidavits produced. It found that all of them—including the mother's affidavit—were on printed proformas. The court observed that the proformas appeared to have been prepared in advance so that a marriage could be solemnised whenever persons approached the institution. The stamp papers for the affidavits had been purchased on 20 July 2026 at 07:49 PM, 08:05 PM, and 07:55 PM respectively. When counsel for the petitioners was asked whether the marriage had been solemnised after those times—that is, at night—no answer was forthcoming.

The marriage register raised separate concerns. The bench observed that the register appeared to have been written entirely by a single pen and in one and the same handwriting throughout. Sri Mishra explained that all entries were made by one person engaged by the institution for that purpose.

The Court's Reasoning on Institutional Conduct

Having heard Sri Mishra and reviewed the documents, the bench recorded that it appeared marriages were being solemnised at the institution without any verification of whether the parties had reached marriageable age. The court stated plainly that if a marriage is solemnised when the parties are not of marriageable age, all those involved have committed a crime.

The bench also noted the founding principles of Arya Samaj as established by Swami Dayananda Saraswati—that one should embrace truth and forsake untruth, and that all human beings should abide by rules made for social benefit. The court observed that some Arya Samaj institutions have not followed these principles, and that the present case was one such instance. The bench added that this pattern had been seen in several earlier cases as well.

On the petition itself, the bench found that it had been filed on apprehension alone. The representation sent to the Commissioner of Police, Commissionerate Lucknow, was dated 20 July 2026—the same day as the marriage—and was dispatched by speed post on 21 July 2026. The supporting affidavit was sworn at 11:00 AM on 21 July 2026. The court noted that the representation contained only an apprehension that parents of petitioner No. 1 might implicate her husband and his family in a false case; it did not set out the specific allegations made in the writ petition itself. No threat or coercion from any person had been reported by the State either. The bench observed that, in any event, if any actual threat arose, the petitioners could approach the concerned police station and higher authorities in terms of the Supreme Court's directions in Lata Singh—protection that is available only to persons who are major in age.

Directions Issued

The bench issued a series of directions on 28 July 2026:

The Arya Samaj Mandir, Sector H (Harsh Vihar Puraniya), Aliganj, Lucknow was directed to be impleaded as respondent No. 5 in the petition forthwith, to be represented through Sri Sankalp Mishra, Secretary.
Until further orders, respondent No. 5 shall not solemnise any marriage or issue any marriage certificate.
The court declined to treat Sri Mishra's oral assurance that such conduct would not recur in future as sufficient. It held that unless respondent No. 5 files an undertaking on affidavit specifying the norms it will follow for solemnising marriages—and commits that no marriage will be solemnised without age verification of the parties—it cannot be permitted to continue such operations.
The marriage register and affidavits produced by the Secretary shall be kept in a sealed cover by the Senior Registrar and produced before the court on the next date.
Notice was issued to opposite party No. 4. Steps are to be taken within one week.
Counter affidavit is to be filed within three weeks, and a rejoinder affidavit within one week thereafter.
The matter is listed on 31 August 2026 in the top 20 cases.

Outcome

The Arya Samaj Mandir, Sector H, Aliganj, Lucknow is barred from solemnising marriages and issuing marriage certificates until the court lifts the prohibition. The institution's marriage register and the affidavits filed in connection with the petitioners' marriage have been sealed and placed in the custody of the Senior Registrar of the Allahabad High Court, Lucknow Bench. The matter is next listed on 31 August 2026.