The Madhya Pradesh High Court expounded that the Notary cannot perform a marriage and further cannot even execute the divorce deed. It was ruled that the Notary who executed the marriage agreement was also liable as the Notary is not allowed to perform the marriage by executing documents.

Had the Notary properly guided and refused to execute the marriage, the present situation wouldn’t have occurred. Further, the Bench opined that the Law Department should look into cases where Notaries and Oath Commissioners are involving themselves in executing the documents related to marriage and divorce as the same is impermissible in law.

Brief Facts:

The present application has been filed under Section 439 of the Code of Criminal Procedure, 1973.

Brief Background:

As per the Prosecution, the Applicant along with others made the Complainant marry one Gayatribai who after marriage fled away and took Rs.1,50,000.

Contentions of the Applicant:

It was contended that the Applicant only introduced Gayatribai to the Complainant and therefore, has been falsely implicated in the case. Further, the Applicant is entitled to bail as it has been a long time since the Applicant is in custody.

Observations of the Court:

It was observed that Gayatribai was missing from her matrimonial home since a long time and further, threatened the Complainant with a false rape case.

It was ruled that the Notary who executed the marriage agreement was also liable as the Notary is not allowed to perform the marriage by executing documents. Had the Notary properly guided and refused to execute the marriage, the present situation wouldn’t have occurred.

Further, the Bench opined that the Law Department should look into cases where Notaries and Oath Commissioners are involving themselves in executing the documents related to marriage and divorce as the same is impermissible in law.

The Court expounded that the Notary cannot perform a marriage and further cannot even execute the divorce deed.

The decision of the Court:

Based on the aforementioned analysis and findings, the Applicant was accordingly given bail.

Case Title: Mukesh v. The Sate of MP

Case no.: M.Cr.C.No. 44184 of 2020

Coram: Hon’ble Mr. Justice Vivek Rusia

Advocate for Applicant: Adv. Shri Rishiraj Trivedi

Advocate for Respondent: Adv. Shri Sudhanshu Vyas

Read Order @LatestLaws.com:

Picture Source :