The Supreme Court refused to give legal recognition to a marriage certificate issued by Arya Samaj on Friday.
A bench of Justices Ajay Rastogi and BV Nagarathna ruled that Arya Samaj’s work and jurisdiction do not include issuing marriage certificates. “Only competent authorities are authorized to issue marriage certificates.” “Bring the original certificate to court,” the bench instructed.
What is Arya Samaj, exactly?
An Arya Samaj marriage is similar to a Hindu wedding and includes a sacred fire. It is based on the Arya Samaj Marriage Validation Act of 1937 and provisions of the Hindu Marriage Act of 1955. The Arya Samaj can issue a marriage certificate to a groom who is 21 or older and a bride who is 18 or older. The marriage certificate is issued by any Arya Samaj temple following the completion of the vedic rituals.
This type of ritual is common in Hindu, Buddhist, Jain, and Sikh communities. Inter-caste and inter-religious marriages can also take place in an Arya Samaj mandir as long as none of the parties involved are Muslims, Christians, Parsis, or Jews.
(Earlier)
The observations were made by the court in a case involving a love marriage in Madhya Pradesh.
The Girl’s family members had filed a FIR against the young man, accusing him of kidnapping and raping their minor daughter.
The girl’s family filed a complaint under relevant sections of the Indian Penal Code as well as section 5(L)/6 of the Protection of Children from Sexual Offenses (POSCO) Act, which addresses aggravated penetrative sexual assault.
In his petition, the young man stated that the girl was an adult who had made the decision to marry of her own free will and right. The wedding took place at the Arya Samaj mandir.
The man also presented the Central Bharatiya Arya Pratinidhi Sabha’s marriage certificate, which the Supreme Court refused to accept.
Are Arya Samaj certificates considered valid?
If both the bride and groom are Hindus, the Hindu Marriage Act requires them to apply for a marriage certificate. If they belong to different faiths, the Special Marriage Act may apply, though the Supreme Court has yet to rule on this. In any case, an Arya Samaj marriage certificate is not a legally binding document in and of itself.
