Supreme court judgement on arya samaj marriage

New Delhi : The Supreme Court on Friday said that Arya Samaj has no right to issue marriage certificates. Along with this, the court rejected the bail plea of ​​the accused of kidnapping and raping a minor girl. A bench of Justice Ajay Rastogi and Justice BV Nagarathna rejected the argument of the counsel for the accused that the girl was an adult and both had married in an Arya Samaj temple. He also has a marriage certificate as a document. The victim had made allegations of rape The Bench said ‘Arya Samaj has no right to issue a marriage certificate. This is the job of the officers. Advocate Rishi Matolia appeared for the complainant girl. He said that the victim has made allegations of rape against the accused in her statement recorded. Thereafter, the bench rejected the bail application of the accused. June 16, 2023 ‘I am in a happy married life with the accused’, the Supreme Court gave this verdict in the POCSO case Case against the accused under POCSO Act A case was registered against the accused in police station Padukalan, Nagaur under other sections including POCSO. On May 5, the Rajasthan High Court had rejected the bail plea of ​​the arrested accused. The counsel for the accused had argued before the court that the FIR has been registered with a delay of one and a half years and the reason for the delay has not been explained by the complainant. Marriage certificate received from church is not valid for Aadhaar, seeks response from Center from Bombay High Court ...

A vacation bench of the Supreme Court has stated that the famous Arya Samaj, which has been marrying off consenting adults for decades, has no authority to issue marriage certificates. By this judgement, the certificates issued by the Samaj lose legal validity. Depending on the nitty-gritty of how the verdict is interpreted, couples may have to apply for fresh certificates from legitimate authorities. In its verdict, the apex court said that the Samaj has no business to issue a marriage certificate. This is the work of authorities, it added. Many legal commentators are weighing in on the verdict. Commenting on the verdict, lawyer Hemant Batra wrote, "Though I agree with the Supreme Court that Arya Samaj cannot issue the marriage certificate as prescribed under the law but any document as to marriage ceremony having been conducted at Arya Samaj issued by it has some evidentiary value." Thus, the document issued by Samaj can become a foundation for a legal marriage document to be issued by a legal authority.

Ashish Morya Vs Anamika Dhiman (Allahabad High Court) Allahabad High Court held that in absence of a valid marriage, marriage certificate of Arya Samaj is not proof of a valid marriage. Accordingly, mere getting a marriage certificate from Arya Samaj is not proof of a valid marriage. Facts- In the present case are that the plaintiff-appellant had earlier filed Case No.1028 of 2021, (Ashish Maurya versus Smt. Anamika Dhiman), u/s. 9 of the Act, 1955 which was subsequently withdrawn by him stating that he does not want to press the case for the reason that a compromise has been entered and satpadi ceremony was not performed for marriage. Again he filed Case No.269 of 2022, (Ashish Maurya versus Smt. Anamika Dhiman), u/s. 9 of the Act, 1955 which has been dismissed by the impugned judgment dated 09.09.2022. Aggrieved with this judgement, the plaintiff-appellant filed the present appeal. In her written statement, the defendant-respondent has clearly denied any marriage between her and the plaintiff-appellant. She made several allegation in her written statement and specifically stated the story of marriage is totally false and in fact there was no marriage at all and the plaintiff-appellant is regularly attempting to black mail her. She has also lodged FIR No.0475 of 2021, dated 04.10.2021, under Sections 384, 328, 506, 376, 427 and 504 IPC, Police Station Sadar Bazar, District Saharanpur in which charge sheet has been filed by the police. Conclusion- Hon’ble Supreme Court in ...

New Delhi: The Supreme Court Monday prima facie accepted the view of an Arya Samaj organisation that weddings solemnised under the Arya Samaj tradition do not need registration under the Special Marriage Act (SMA), 1954. The court stayed a 2020 Madhya Pradesh High Court (HC) order directing the organisation to amend its guidelines in accordance with the Act. The apex court was hearing a petition filed by the Madhya Bharat Arya Pratinidhi Sabha, which has jurisdiction over all Arya Samaj temples in Madhya Pradesh. In its petition — which questioned a 2020 HC order that had directed it to amend its guidelines for registration of Arya Samaj weddings in line with the SMA — the Sabha said that with respect to Arya Samaj marriage, the Hindu Marriage Act (HMA), 1955, and the Arya Marriage Validation Act (AMA), 1937, hold the field. Appearing for the Sabha, senior advocate Shyam Divan and lawyer Vanshaja Shukla argued that the HC had committed an error in transgressing into the domain of legislature — it had directed the petitioner to comply with SMA provisions and solemnise all weddings performed at Arya Samaj temples in the state under the special marriage law, when no such requirement has been imposed by the legislature. The genesis of the matter lies in a petition filed by a runaway inter-caste couple before the HC in early 2020. The couple had stated in their petition that they got married according to the Arya Samaj tradition, and approached the court seeking directi...

“Arya Samaj has no business giving marriage certificate. This is the work of authorities. Show the real certificate,” said the vacation bench of Justices Ajay Rastogi and BV Nagarathna. The Supreme Court on Friday declined to accept a certificate issued by the Arya Samaj as proof of marriage, saying issuing such certificates was not the sect’s job but that of the government authorities. The top was considering a bail application of an accused against whom FIR was registered for offences relating to kidnap and rape of a minor under the POCSO Act. The accused’s lawyer told the top court that the prosecutrix in the rape case was a major, married to the accused. The accused also added the marriage was conducted at the Arya Samaj. “Arya Samaj has no business giving marriage certificate. This is the work of authorities. Show the real certificate,” The recent SC verdict comes amidst a pending plea in the top cout of the Madhya Bharat Arya Pratinidhi Sabha’, the nodal body of Arya Samaj temples, which has challenging an order of the HC directing it to solemnise marriage in accordance with the Special Marriage Act, 1954. According to the HC, no one other than the competent authority under the Act, 1954, can issue certificates in such marriages while the temple body had said that in regard to the Arya Samaj marriages, it is the Hindu Marriage Act and Arya Marriage Act of 1937 that holds the field and not the Special Marriage Act.

Last week on 4 th April, 2022, the Supreme Court accepted the view of an Arya Samaj Organization in Madhya Pradesh that marriages that are solemnized under Arya Samaj tradition require no registration under the Special Marriage Act 1954. Arya Samaj Marriages are conducted under Arya Samaj Marriage Validation Act 1937 along with some of the provisions of the Hindu Marriage Act, 1955. The High Court directed the organization to comply with provisions of the Special Marriage Act while solemnizing marriage was held to be an error in judgement. An order by Madhya Pradesh High Court in 2020, directed Madhya Bharat Arya Pratinidhi Sabha, which is an Arya Samaj organization to comply with the provisions of the Special Marriage Act 1954 while solemnizing marriages. The Supreme Court while hearing the petition filed by the Madhya Bharat Arya Pratinidhi Sabha, stayed the order of the Madhya High Court, which directed the organization for amending its guidelines and complying with the provisions of the Special Marriage Act. Under what circumstance the High Court ordered the solemnization of marriage under Arya Samaj must comply with provisions of the Special Marriage Act? The context in which the order was passed by the Madhya Pradesh High Court is when a petition was filed in 2019 by a couple seeking protection for their wedding at Arya Samaj Temple from the state. The temple was run by Arya Mool Shankar Samaj and the High Court directed ALSO READ: Supreme Court Allows Speedy Process...

What are Arya Samaj marriage certificates and are they valid proof? The Allahabad High Court has ruled that marriage certificates issued by the Arya Samaj do not have statutory force. Earlier in June, the Supreme Court declined to accept certificates issued by the Arya Samaj as valid proof of marriage The Allahabad High Court has ruled that marriage certificates issued by Arya Samaj do not have statutory force. The court also observed that the marriage certificate given by Arya Samaj is not “proof of a valid marriage”, reports LiveLaw. A bench of Justices Surya Prakash Kesarwani and Rajendra Kumar made the observation while listening to a plea by Ashish Morya, who challenged an order of Family Court in Saharanpur which had rejected his application filed under Section 9 of the Hindu Marriage Act, 1955. Section 9 of the Act deals with the restitution of conjugal rights. The plaintiff and appellant claimed they were married according to the Arya Samaj rituals and even presented an Arya Samaj Trust marriage certificate before the court. However, the bench refused to accept it. “Learned counsel for the plaintiff-appellant has also completely failed to place before us any statutory provisions enabling the Arya Samaj to issue a marriage certificate. Thus, we have no difficulty holding that the marriage certificate issued by Arya Samaj has no statutory force…in the absence of a valid marriage, the marriage certificate of Arya Samaj is not proof of a valid marriage of the plaintiff...

Tribune News Service Tribune News Service New Delhi, June 3 Noting that 'Arya Samaj' has no business to issue marriage certificates, the Supreme Court on Friday denied bail to a man accused of kidnapping and raping of a minor girl. “Arya Samaj has no business to issue a marriage certificate. This is the work of authorities,” a Vacation Bench led by Justice Ajay Rastogi said after the advocate representing the accused submitted that the girl was a major and they had got married at an 'Arya Samaj' temple and a marriage certificate was also there on record. The Bench dismissed his petition after the victim's counsel pointed out that the prosecutrix in her statement under Section 164 of CrPC levelled specific allegations of rape against the accused. The Rajasthan High Court had on May 5 dismissed his bail application. He was arrested after an FIR was lodged at Police Station Padukalan, Nagaur, for offences of kidnapping, rape and certain sections of POCSO Act. He had contended before the high court that the FIR was lodged with a delay of 18 months which had not been explained by the complainant. The Tribune, now published from Chandigarh, started publication on February 2, 1881, in Lahore (now in Pakistan). It was started by Sardar Dyal Singh Majithia, a public-spirited philanthropist, and is run by a trust comprising four eminent persons as trustees. The Tribune, the largest selling English daily in North India, publishes news and views without any bias or prejudice of any ki...