In a significant ruling by the Gujarat High Court, a case regarding alleged marriage fraud involving Amitbhai Babubhai Vaghela has been addressed. The Court imposed a cost of Rs.15,000/- and directed action against the accused for misleading the Court with false documents. The judgement sheds light on the gravity of the situation and the consequences of attempting to deceive the legal system.
Facts
- Complainant’s daughter Jyotsna went missing on 04.06.2017 after going for a natural call and not returning.
- Complainant lodged an FIR alleging abduction and kidnapping by Amitbhai Babubhai Vaghela.
- Complainant searched for his daughter in the village and nearby areas but could not find her.
- Complainant’s wife mentioned Jyotsna’s relationship with Amit Babubhai Vaghela, a tailor.
- Complainant’s attempts to locate Jyotsna in nearby villages and among relatives were unsuccessful.
Arguments
- Learned advocate Mr. Raval submits that the birth certificate of Jyotsnaben, indicating her date of birth as 18.07.1997, proves that she was above 18 years old at the time of marriage.
- The advocate further explains that there was a love affair between the accused and Jyotsnaben, and they decided to get married against the complainant’s wishes.
- It is highlighted that the marriage was registered on 24.03.2016 at Rajula, indicating consent and legal recognition of the relationship.
- The advocate emphasizes that at the time of registration, Jyotsnaben was a major aged about 18 years, and the intimacy between the couple was consensual.
- The impugned FIR, alleging abduction of a minor, was filed by Jyotsnaben’s father, but the advocate asserts the innocence of the accused and claims false implication.
- Investigating officer visited Birth and Death Registration Office at village Raida and recorded statement of Talati cum Mantri confirming forged seal and signature on document.
- Applicant-accused produced false birth certificate before High Court despite knowing it was not genuine.
- Applicant-accused approached court to obtain stay order immediately after FIR was lodged.
- Birth certificate showed victim girl’s date of birth as 18.07.1997, indicating a possible fabrication to show her as major for marriage registration.
- Statements of both then and present Talati cum Mantri confirmed the seal and signature on birth certificate were not genuine.
- Applicant-accused alleged to have prepared a false birth certificate for victim girl with mala fide intentions to evade law.
- Impugned FIR deemed as an abuse of process of law and requested to be quashed.
- Claimed that applicant-accused and victim girl are legally wedded husband and wife, refuting allegations of abduction when she was a minor.
- Investigation directed to verify the genuineness and authenticity of the birth certificate due to raised suspicions.
Analysis
- The applicant-accused and the victim girl were in love and had eloped to get married.
- The victim girl was a minor at the time of the incident, which was concealed by the accused using a forged birth certificate.
- The accused attempted to deceive the Court by submitting the fabricated birth certificate.
- The accused’s actions suggest an intent to mislead the Court with false documents.
- The applicant-accused committed two offences
- First, eloping with a minor girl against her parents’ will and marrying her
- Second, producing a false birth certificate to mislead the Court
- The Court, as the highest authority, cannot tolerate such malpractice
- The Court decided that the present application deserves to be dismissed with costs
Decision
- The Registrar General of the Court has been directed to appoint an Officer, not below the rank of Deputy Registrar, to initiate action against the applicant-accused or any other guilty person.
- The present application has been rejected and a cost of Rs.15,000/- has been imposed.
- The cost is to be deposited with the High Court Legal Services Committee within one month from the date of receipt of the order.
Case Title: AMIT BABUBHAI VAGHELA(DARJI) Vs. STATE OF GUJARAT
Case Number: R/CR.MA/20420/2017
