High Court · 2025

Hon'ble Saurabh Srivastava,J.

1. Supplementary affidavit filed by Ms. Ruhi Yadav, learned counsel for respondent no.5 is taken on record.

2. Heard Sri Chandraveer, Advocate holding brief of Sri Ramesh Yadav, learned counsel for the petitioners, Sri Shashi Prakash Singh, learned Senior Advocate holding the post of Additional Solicitor General of India at Allahabad High Court assisted by Sri Ashish Kumar, learned Standing Counsel, Government of India, Sri Ashwani Kumar Tripathi, learned Additional Chief Standing Counsel for the State-respondents and Ms. Ruhi Yadav, learned counsel for respondent no.5.

3. In pursuance to order dated 11.04.2025, Sri Shashi Prakash Singh, learned Senior Advocate, Additional Solicitor General of India at Allahabad High Court come up with specific information communicated to him by Under Secretary to Government of India vide letter dated 24.04.2025 through which it has been transpired that Sri Pradeep Kumar Dwivedi S/o B.C. Dwivedi having registration no. 17521, mobile no. 9005502433, R/o Village Post Sikandara, Baharia, Prayagraj, who attested the notarized affidavit in shape of creating a document of live-in-relationship between petitioner nos. 1 and 2 and seal as well as signature being Notary Advocate, Government of India has been used by Sri Pradeep Kumar Dwivedi, Advocate.

4. Contention raised by Ms. Ruhi Yadav, learned counsel for respondent no.4 that there is no counsel as Sri Pradeep Kumar Dwivedi, Advocate authorized by Government of India being Notary Advocate having registration no. 17521 and the same fact has been revealed by bare perusal of letter dated 24.04.2025 issued by Under Secretary to Government of India in favour of Sri Shashi Prakash Singh, learned Additional Solicitor General of India.

5. For ascertaining the facts in connection to Sri Pradeep Kumar Dwivedi, Advocate, one more document has been placed by learned Additional Chief Standing Counsel, wherein at the time of verifying certain documents, it is affirmatively verified by Sri Pradeep Kumar Dwivedi, Advocate and submitted through letter dated 10.03.2025 before Station House Officer, Dhoomanganj, Commissionerate Prayagraj which also discloses that it is Sri Pradeep Kumar Dwivedi, Advocate who himself submitted that his registration no. 17521, mobile no. 9005502433, R/o Village Post Sikandara, Baharia, Prayagraj, who attested the document which has been produced before him being Advocate Notary, Prayagraj authorized by Government of India. Letter dated 10.03.2025 appended along with instructions are taken on record.

6. Pretention of Sri Pradeep Kumar Dwivedi being Advocate Notary having registration no. 17521 authorized by Government of India is contrary to the letter dated 24.04.2025 issued by Under Secretary to Government of India in favour of Sri Shashi Prakash Singh, learned Additional Solicitor General of India, wherein it has been mentioned that registration no. 17521 pertains to one Sri P. Chandramohan, Notary Public who was appointed as Notary on 02.12.2019 for the area of Tambaram, Tamil Nadu and his Certificate of Practice (CoP) is valid till 02.12.2029, having close and similar name one Sri Prabhat Kumar Dwivedi bearing registration no. 8291 appears in the list of notaries appointed by Notray Cell, Department of Legal Affairs, Ministry of Law & Justice, Government of India, who appointed as Notary on 17.09.2010 for the area of District Kannauj, Uttar Pradesh and his Certificate of Practice (CoP) is valid till 17.09.2025, meaning thereby there is hardly any Notary Advocate having name of Sri Pradeep Kumar Dwivedi, Advocate, with registration no. 17521 and as such the contentions raised by Ms. Ruhi Yadav, learned counsel for respondent no.5 stands corrected and corroborated with the information submitted by competent authority of Ministry of Law & Justice, Government of India which has been produced by learned Additional Solicitor General of India.

7. Sri Shashi Prakash Singh, learned Additional Solicitor General of India submitted that there are only three Notaries Advocates available in entire District of Prayagraj, who has been authorized by Government of India and the list of three Notaries Advocates are as under:- 2 of 4 Sr. No.

3. Name and Registration Number Date of Registration Validity of CoP KAMAL KANT MISHRA (REG. NO. 1301) GHANSHYAM KUMAR MISRA (REG. NO. 2699) SIBTE HASAN NAQVI (REG. NO. 13468) 1998-04-30 02-04-2026 2004-09-14 13-09-2024 2017-11-29 29-11-2027

8. Instructions/Information received through learned Additional Solicitor General of India dated 24.04.2025 is also taken on record.

9. Police Commissioner, Commissionerate Prayagraj is hereby directed to immediate execute the arrest of Sri Pradeep Kumar Dwivedi S/o B.C. Dwivedi having registration no. 17521, mobile no. 9005502433, R/o Village & Post Sikandara, Baharia, Prayagraj and register the case against him under relevant sections considering the conduct which is apparent from letter dated 10.03.2025 issued by himself as well as letter dated 24.4.2025 issued by Under Secretary to Government of India, specifically misusing the seal of Notary Advocate, Government of India with fake identity and registration number.

10. At the same time, let this order be served upon Chairman, Bar Council of Uttar Pradesh to take action against Sri Pradeep Kumar Dwivedi, if he has been registered before Bar Council of Uttar Pradesh as an Advocate.

11. Registrar (Compliance) is hereby directed to ensure service of this order upon Chairman, Bar Council of Uttar Pradesh as well as Police Commissioner, Commissionerate Prayagraj, within a period of 24 hours for necessary compliance.

12. Once it has been transpired that the documents which has been submitted for seeking prayer mentioned in the petition are not genuine but at the same time it is also reflected that there is no fault on the part of the petitioners since the apprehension whatsoever has been made by the concerned person by way of impersonating himself as Advocate Notary, Government of India, there was no occasion arises in favour of the petitioners to verify the same by way of seeking information from the competent authority.

13. Considering the merit of the matter which has been accepted by learned counsel for the petitioners that both the petitioners are leading their life as partner who live-in-relationship but not married and this 3 of 4 relationship continued for last two years but never intended to solemnize marriage or to get the same registered under the Special Marriage Act.

14. The intention for not solemnizing the marriage is not corroborated with any cogent reason or the ground and as such by this way the same will not be safe for future of both the petitioners and being the different faith and believers belongs to different religions, both the petitioners are already covered and protected as per the Special Marriage Act, but not performing of the marriage or to get the same registered in the eye of law will not create any right in favour of the petitioners for seeking any type of protection at this stage.

15. In view thereof, the instant petition is devoid of merits and is, accordingly, dismissed. Order Date :- 13.5.2025 #Vik/- (Saurabh Srivastava,J.) VIKRAM GUPTA High Court of Judicature at Allahabad 4 of 4

Hon'ble Saurabh Srivastava,J.

1. Supplementary affidavit filed by Ms. Ruhi Yadav, learned counsel for respondent no.5 is taken on record.

2. Heard Sri Chandraveer, Advocate holding brief of Sri Ramesh Yadav, learned counsel for the petitioners, Sri Shashi Prakash Singh, learned Senior Advocate holding the post of Additional Solicitor General of India at Allahabad High Court assisted by Sri Ashish Kumar, learned Standing Counsel, Government of India, Sri Ashwani Kumar Tripathi, learned Additional Chief Standing Counsel for the State-respondents and Ms. Ruhi Yadav, learned counsel for respondent no.5.

3. In pursuance to order dated 11.04.2025, Sri Shashi Prakash Singh, learned Senior Advocate, Additional Solicitor General of India at Allahabad High Court come up with specific information communicated to him by Under Secretary to Government of India vide letter dated 24.04.2025 through which it has been transpired that Sri Pradeep Kumar Dwivedi S/o B.C. Dwivedi having registration no. 17521, mobile no. 9005502433, R/o Village Post Sikandara, Baharia, Prayagraj, who attested the notarized affidavit in shape of creating a document of live-in-relationship between petitioner nos. 1 and 2 and seal as well as signature being Notary Advocate, Government of India has been used by Sri Pradeep Kumar Dwivedi, Advocate.

4. Contention raised by Ms. Ruhi Yadav, learned counsel for respondent no.4 that there is no counsel as Sri Pradeep Kumar Dwivedi, Advocate authorized by Government of India being Notary Advocate having registration no. 17521 and the same fact has been revealed by bare perusal of letter dated 24.04.2025 issued by Under Secretary to Government of India in favour of Sri Shashi Prakash Singh, learned Additional Solicitor General of India.

5. For ascertaining the facts in connection to Sri Pradeep Kumar Dwivedi, Advocate, one more document has been placed by learned Additional Chief Standing Counsel, wherein at the time of verifying certain documents, it is affirmatively verified by Sri Pradeep Kumar Dwivedi, Advocate and submitted through letter dated 10.03.2025 before Station House Officer, Dhoomanganj, Commissionerate Prayagraj which also discloses that it is Sri Pradeep Kumar Dwivedi, Advocate who himself submitted that his registration no. 17521, mobile no. 9005502433, R/o Village Post Sikandara, Baharia, Prayagraj, who attested the document which has been produced before him being Advocate Notary, Prayagraj authorized by Government of India. Letter dated 10.03.2025 appended along with instructions are taken on record.

6. Pretention of Sri Pradeep Kumar Dwivedi being Advocate Notary having registration no. 17521 authorized by Government of India is contrary to the letter dated 24.04.2025 issued by Under Secretary to Government of India in favour of Sri Shashi Prakash Singh, learned Additional Solicitor General of India, wherein it has been mentioned that registration no. 17521 pertains to one Sri P. Chandramohan, Notary Public who was appointed as Notary on 02.12.2019 for the area of Tambaram, Tamil Nadu and his Certificate of Practice (CoP) is valid till 02.12.2029, having close and similar name one Sri Prabhat Kumar Dwivedi bearing registration no. 8291 appears in the list of notaries appointed by Notray Cell, Department of Legal Affairs, Ministry of Law & Justice, Government of India, who appointed as Notary on 17.09.2010 for the area of District Kannauj, Uttar Pradesh and his Certificate of Practice (CoP) is valid till 17.09.2025, meaning thereby there is hardly any Notary Advocate having name of Sri Pradeep Kumar Dwivedi, Advocate, with registration no. 17521 and as such the contentions raised by Ms. Ruhi Yadav, learned counsel for respondent no.5 stands corrected and corroborated with the information submitted by competent authority of Ministry of Law & Justice, Government of India which has been produced by learned Additional Solicitor General of India.

7. Sri Shashi Prakash Singh, learned Additional Solicitor General of India submitted that there are only three Notaries Advocates available in entire District of Prayagraj, who has been authorized by Government of India and the list of three Notaries Advocates are as under:- 2 of 4 Sr. No.

3. Name and Registration Number Date of Registration Validity of CoP KAMAL KANT MISHRA (REG. NO. 1301) GHANSHYAM KUMAR MISRA (REG. NO. 2699) SIBTE HASAN NAQVI (REG. NO. 13468) 1998-04-30 02-04-2026 2004-09-14 13-09-2024 2017-11-29 29-11-2027

8. Instructions/Information received through learned Additional Solicitor General of India dated 24.04.2025 is also taken on record.

9. Police Commissioner, Commissionerate Prayagraj is hereby directed to immediate execute the arrest of Sri Pradeep Kumar Dwivedi S/o B.C. Dwivedi having registration no. 17521, mobile no. 9005502433, R/o Village & Post Sikandara, Baharia, Prayagraj and register the case against him under relevant sections considering the conduct which is apparent from letter dated 10.03.2025 issued by himself as well as letter dated 24.4.2025 issued by Under Secretary to Government of India, specifically misusing the seal of Notary Advocate, Government of India with fake identity and registration number.

10. At the same time, let this order be served upon Chairman, Bar Council of Uttar Pradesh to take action against Sri Pradeep Kumar Dwivedi, if he has been registered before Bar Council of Uttar Pradesh as an Advocate.

11. Registrar (Compliance) is hereby directed to ensure service of this order upon Chairman, Bar Council of Uttar Pradesh as well as Police Commissioner, Commissionerate Prayagraj, within a period of 24 hours for necessary compliance.

12. Once it has been transpired that the documents which has been submitted for seeking prayer mentioned in the petition are not genuine but at the same time it is also reflected that there is no fault on the part of the petitioners since the apprehension whatsoever has been made by the concerned person by way of impersonating himself as Advocate Notary, Government of India, there was no occasion arises in favour of the petitioners to verify the same by way of seeking information from the competent authority.

13. Considering the merit of the matter which has been accepted by learned counsel for the petitioners that both the petitioners are leading their life as partner who live-in-relationship but not married and this 3 of 4 relationship continued for last two years but never intended to solemnize marriage or to get the same registered under the Special Marriage Act.

14. The intention for not solemnizing the marriage is not corroborated with any cogent reason or the ground and as such by this way the same will not be safe for future of both the petitioners and being the different faith and believers belongs to different religions, both the petitioners are already covered and protected as per the Special Marriage Act, but not performing of the marriage or to get the same registered in the eye of law will not create any right in favour of the petitioners for seeking any type of protection at this stage.

15. In view thereof, the instant petition is devoid of merits and is, accordingly, dismissed. Order Date :- 13.5.2025 #Vik/- (Saurabh Srivastava,J.) VIKRAM GUPTA High Court of Judicature at Allahabad 4 of 4