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The Orissa High Court recently directed the State government to arrange training programmes for the notaries in Orissa on a regular basis, on concerns that most notaries appeared to be unaware of their functions and duties. [Partha Sarathi Das V/S State of Odisha & others]
The Court has, therefore, called for the conduct of training programmes and the issue of guidelines to resolve such issues.
The main case at hand concerned one Partha Sarathi (petitioner) who claimed that his "wife" was being illegally confined by her parents against her will. Notably, Sarathi claimed that he was married on the basis of a marriage certificate that was executed and issued by a notary public.
On September 14, the High Court sought an explanation from the notary public, Aswini Kumar Mohanty, on how he executed the marriage declaration document and on what authority he did the same. The Court also observed that the issue or execution of marriage certificates is not one of the functions of notaries.
In the meanwhile, the Court also directed the police to interact with the allegedly detained woman to see if she was being illegally confined by her parents against her will. On October 10, the High Court was told that the woman was voluntarily staying with her parents. She denied being confined by her family, although she admitted that she had signed a 'marriage declaration' document before a notary public. A written statement filed before the High Court said that was happily living with her parents and that no one was compelling her to do the same.
As such, the Court concluded that there was no illegal confinement or wrongful detention. Therefore, it dismissed the plea by Sarathi (petitioner) Advocate Pravash Chandra Jena appeared for the petitioner, whereas Additional Government Advocate Arupananda Das appeared for the State government. Advocate Chittaranjan Swain appeared on behalf of the notary public, Aswini Kumar Mohanty.
JaiHind.. JaiBharat..
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