ARYA SAMAJ MARRIAGE HAS NO LEGALITY

THE SUPRIME COURT REFUSES TO ACCEPT THE CERTIFICATE ISSUED BY THE ARYA SAMAJ AS PROOF OF MARRIAGE.

Is a monotheistic Indian Hindu reform movement based on the belief in the infallible authority of the Vedas. The samaj was founded by the Sannyasi Dayanand Saraswathi on 7th of April 1875.

It’s a type of religious organization that provides it service worldwide. Arya Samaj was the first Hindu organization to introduce PROSELYZATION in Hinduism. The organization has also worked towards the growth of the civil rights movement in India since 1800.

We see a lot of couples and youngsters who fall in love with each other and will to get married .In this modern developing generation the concept of love and choosing their partners has become common yet is a concept that old generation could not relate to. The couples get to end up their Relationship for so many reasons; the concept of love has no barriers of cast, religion, rich or poor. While few couples end up marring, few loose hope due to lack of cooperation from the family for marriage or they get rejected for their relationship by their family members, while few choose to elope and get married. Arya samaj is one of those organizations that has got it self-established on its own and had also given a lot of couples a new life .But As always there are two sides of the story, while they are people who want to live their entire life with someone they themselves has chosen, and it’s also the right that one holds, after attaining the age of 18 an individual is completely eligible to get married to the person of his /her choice. Due to parents or societal norms, terms and conditions people began to choose to elope and get married and tend to be in a hurry to get their marriage recognized in the shortest duration possible, Arya Samaj gives the couples the marriage certificate in the shortest possible term period that helps the couples. There are also cases found that says that how young girls who do not have proper awareness becomes prey to the bad men who use them, manipulate them and get married to them. Parents who have suffered dude to this have many times questioned and challenged the validity and reorganization of the arya samaj organization, of what rights do they hold that they are getting young couples get married without the permission of their parents. On June 03.2022 Supreme court gave a sensational judgment.

While hearing a bail petition in a rape case the Supreme court said that issuing marriage certificates is not the job of the Arya Samaj. This is not the first time the Authority and eligibility of the Arya samaj is questioned, this Question Arose long ago, in this case the victim was a minor and she got married to the respondent in ARYA SAMAJ, but later when the girl returned to her home the filed case against the respondent saying that he married a minor and had committed rape. In defense the respondents pleaded a Bail petition showing the marriage certificate issued by the ARYA SAMAJ as they are married couple. Here the court has questioned the capacity of the ARYA SAMAJ ORGANISATION to register the marriage, who gave them the right to marry the couples, if it is government recognized or not, If the certificate of marriage issued by them is valid or not. By dismissing the bail petition the Supreme Court gave that the ARYA SAMAJH has no business of issuing the marriage certificates. The organization does not hold any authority to register the marriage. Hence the marriages performed in due presence and marriage recognition certificate issued by the Arya samaj is void and that it has no legal validation. The court has passed the guide lines that such organizations need to register themselves in accordance to the special marriage act, and only then the marriages performed by them would be valid . The guidelines says to implement section 5 to section 8

Section 5 of Special marriage act says that when a marriage is initiated to be solemnized under this Act, the parties to the marriage shall give NOTICE thereof in writing in form specified in the second Schedule to the Marriage Officer of the district in which at least one of the parties to the marriage has resided for a period of not less than 30 days

Sec6 The notice has to be published, the Marriage officer shall keep all notices given under section 5 with the records of his office and shall also forthwith enter a true copy of every such notice in a book prescribed for that purpose ,to be open for inspection at all reasonable times

Section 7 OBJECTION TO MARRIAGE – Any person may before the expiration of thirty days from the date on which any such notice has been published under sub section (2) of the section 6, objection to the marriage on the ground that it would contravene one or more of the conditions specified in section 4.

Section 8 If objections are reasonable then they must be considered under section 8 ,If an objection is made under section 7 to an intended marriage ,the Marriage Officer shall not Solemnize the marriage until he has inquired into the matter of the objection and satisfied that it ought not to prevent the solemnization of the marriage or objection is withdrawn by the person making it.

Here by it Is very clear that any marriage performed under such unrecognized body by law , is not fit to perform the marriages of the couples and if nay institution was to marry then they shall have to register and follow the rules and guide lines given in Special Marriage Act .