Arya Samaj marriages with rituals valid under Hindu Marriage Act: HC

Prayagraj: The Allahabad High Court has held that marriages between two Hindus performed in Arya Samaj temples are valid under section 7 of the Hindu Marriage Act, 1955, if they are solemnised in accordance with Vedic or other relevant Hindu customs.

While dismissing a petition filed by Bareilly resident Maharaj Singh, who had sought quashing of a dowry case, Justice Arun Kumar Singh Deshwal noted that in such cases marriage venue, be it a temple, house, or open space, is irrelevant.

The petitioner's contention was that his marriage, as claimed by his wife, was not solemnized as per Hindu rituals in an Arya Samaj mandir and the marriage certificate issued by the concerned temple was forged.

"Further, the criminal proceeding should be quashed as the marriage was not a valid marriage as per the judgment of the division bench of high court in the case of Ashish Morya Vs. Anamika Dhiman in which it was held that registration of marriage itself cannot be a proof of valid marriage per se and would not be the determinative factor regarding the validity of marriage," argued the petitioner's counsel. However, the court said in Arya Samaj Mandir, marriages are conducted according to the Vedic procedure, which includes Hindu customs and rites like Kanyadan, Panigrahan, Saptapadi and chanting of mantras while applying vermilion and these ceremonies fulfil the requirements of Section 7 of 1955 Act.

The court in its decision dated April 8 also clarified that though a certificate issued by Arya Samaj may not have a statutory force of prima facie validity of marriage, such certificates are not 'waste paper' as they can be proved by the purohit (who performed the marriage) as per the provisions of Bharatiya Sakshya Adhiniyam, 2023, during the trial of the case.