Arya Samaj marriage derives its validity from the Arya Samaj Marriage Validation Act of 1937 and certain provisions of the Hindu Marriage Act 1955. The Supreme Court on Friday refused to accept a marriage certificate issued by Arya Samaj as it heard a bail application from an accused against whom an FIR has been registered for kidnapping and raping a minor. Let`s take a look at what the Supreme Court has said and what the implications are. The Supreme Court`s decision stipulates that no one other than the competent authority may issue certificates in such marriages under the 1954 Act. The Supreme Court had stated that with regard to an Arya Samaj marriage, the Hindu Marriage Act and the Arya Samaj Marriage Validation Act (AMA) of 1937 were sufficient to hold the ground. During that trial, the Madhya Bharat Arya Pratinidhi Sabha, one of the parties to the case, argued that the order of the Supreme Court of Madhya Pradesh, which had refused to recognize the validity of an Arya Samaj document, deprived the Arya Samaj temples of the power to issue marriage certificates. The case is still pending before the Supreme Court. A marriage certificate issued by Arya Samaj is not synonymous with the legal registration of the marriage. According to the applicable law, the marriage must be registered in the district judge`s office after receiving the certificate from Arya Samaj. At a bail hearing on Friday, Judges Ajay Rastogi and BV Nagarathna refused to accept an Arya Samaj certificate, stating: “Arya Samaj has nothing to do with giving a marriage certificate. That is the job of the authorities. “Arya Samaj has nothing to do with giving marriage certificates,” the Supreme Court said.
However, the bank said it was not up to Samaj to issue marriage certificates and asked the petitioner to present one issued by the authorities instead. An Arya Samaj wedding will cost you between ₹5,000 and ₹10,000, depending on where the wedding takes place. It also depends on your plans and guest list. These Arya Samaj Mandir wedding prizes include both marriage rites and marriage certificate. On 4 April, the Supreme Court suspended an order of the Supreme Court of Madhya Pradesh ordering Arya Samaj to solemnize marriages in accordance with the provisions of the Special Marriage Act of 1954. Therefore, after the completion of all formalities, the magistrate`s office issues the marriage certificate, which is recognized by the court as legally valid. The issuance of a marriage certificate by an Arya Samaj Sanstha is not synonymous with the legal registration of the marriage. Upon receipt of the deed, the marriage must be registered with the district judge`s office in accordance with applicable law.
The Supreme Court ruled that marriage certificates issued by Arya Samaj are invalid and are not allowed to issue marriage certificates when hearing a bail application of an accused in the abduction and rape of a minor. In another similar case, on May 30, the Allahabad Supreme Court ordered an investigation into the certificates issued by a “Pradhan” of the Arya Samaj Temple. The court issued the order while hearing a criminal complaint filed by a Kapil Kumar who alleged that he had solemnly married the girl and that, therefore, the FIR filed against him was legally wrong. However, the court expressed doubts about the applicant`s marriage proposal, which was based on a marriage certificate issued by a Santosh Kumar Shastri who claimed to be Pradhan of Arya Samaj from a settlement in Allahabad. Significantly, caste marriages and interfaith marriages can occur in an Arya Samaj marriage, but people who marry should not be Muslims, Christians, Parsis or Jews. In case a non-Hindu couple wants to celebrate the marriage, the Samaj allows them to convert through a process called Shuddhi. “What worries us is the issuance of Santosh Kumar Shastri`s marriage certificate to people who are not even known to him or identified by a responsible person. The said Santosh Kumar Shastri issued certificates that form the basis for the registration of marriage or for other similar purposes. In most of these cases, the girls are minors and on the basis of the Aadhar card, marriages are registered,” the court said. An Arya Samaj wedding is similar to a Hindu wedding ceremony and involves a sacred fire. It derives its validity from the Marriage Validation Act 1937 arya samaj, as well as the provisions of the Hindu Marriage Act 1955.
A groom who is 21 years of age or older and a bride who is 18 years of age or older may receive a marriage certificate from the Arya Samaj. The marriage certificate is issued by each Arya Samaj temple after the ceremony has been performed according to Vedic rituals. This form of ritual is often observed in hindu, Buddhist, Jain and Sikh communities. Caste and interfaith marriages can also be celebrated in an Arya Samaj Mandir, provided that none of the people who marry are Muslim, Christian, Parsis or Jewish. In fact, an Arya Samaj wedding is similar to a Hindu wedding in that it takes place on a fire. It is also legally recognized as a result of the Arya Samaj Marriage Validation Act of 1937 under | the Hindu Marriage Act of 1955. The Supreme Court declares Arya Samaj`s marriage certificate invalid “Arya Samaj has nothing to do with giving marriage certificates. That is the job of the authorities.
Show the real certificate,” said a holiday bank of Judges Ajay Rastogi and B V Nagarathna as he listened to a petition from a man who had been denied bail by the Rajasthan Supreme Court in a rape case. The man was accused of abducting and raping an underage girl. The development comes amid a pending plea to the Supreme Court by Madhya Bharat Arya Pratinidhi Sabha`, the centre of Arya Samaj temples in Madhya Pradesh, which challenged a December 17, 2021 order of the Supreme Court of Madhya Pradesh ordering it to solemnize marriage under the Special Marriage Act of 1954. The Arya Samaj marriage certificate is not a legitimate document under international law. A marriage certificate issued by the Sub-Registrar is the only one that is valid. If both parties are Hindus, an Arya Samaj marriage can be registered at the local branch under the Hindu Marriage Act. It is important to understand that an Arya Samaj marriage certificate is not valid proof of the couple`s marriage abroad. The certificate has value only in India. However, this problem can be easily solved by registering the marriage at the vital statistics office. It should also be noted that if you get the certification in a local language, you will need to translate it into English to use it as proof in countries outside of India. Therefore, a judicial marriage is preferable for couples who want to live or work abroad.
The Arya Samaj is against idolatry and image worship, animal sacrifice, shraddha (rituals in the name of ancestors), caste is based on birth and not on merit, untouchability, child marriage, pilgrimages, priestly crafts and sacrifices in the temple. The Supreme Court on Friday refused to recognize a certificate issued by Arya Samaj as proof of marriage. When hearing a bail application in a rape case, the Supreme Court said that issuing such certificates was not Arya Samaj`s job. A marriage certificate can be issued by any Arya Samaj temple to a groom who is 21 years of age or older and a bride who is 18 years of age or older. Similar to the Hindu wedding ceremony (frightened fire), the wedding ceremony is performed according to Vedic rituals. If the bride and groom are Hindus, a marriage certificate must be requested under the Hindu Marriage Act. If the two belong to different religions, the Special Marriage Act may apply, although the related issue is still open before the Supreme Court. In any case, however, an Arya Samaj marriage certificate cannot be considered a valid legal document in itself. The applicant`s lawyer claimed that the prosecution in the rape case was a major who was married to the accused. The lawyer added that the marriage was conducted in Arya Samaj.
According to a report published in India Today, Hindu groom and bride are under the Hindu Marriage Act, while the Special Marriage Act may apply in the case of other religions. However, the validity of such marriages is still open before the Supreme Court, and recently SC noticed the invalid status of Arya Samaj`s marriage certificates. In its August 2016 guidelines, the Sabha had called on all Arya Samaj temples affiliated with it to comply with the Hindu Marriage Act of 1955 while celebrating marriages. In addition, the court held that marriage certificates can only be issued by a competent authority under the Special Marriage Act. In this context, the Sabha argued that the Hindu Marriage Act and the Arya Marriage Act of 1937 held the territory of the Arya Samaj marriage and not the Special Marriage Act. The Madhya Bharat Arya Pratinidhi Sabha has filed a lawsuit to get an answer from the mp government to this question. On December 17, 2021, the Sabha challenged the Supreme Court`s decision that ordered the organization to amend its 2016 standards to include provisions of the Special Marriage Law. Swami believed in an India without class, caste and united and free from foreign domination.
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