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Allahabad HC Rules That Marriage Certificate Issued By Arya Samaj Has No Statutory Force
The Allahabad High Court recently ruled that the marriage certificate issued by Arya Samaj has no legal validity. It was also ruled that in the absence of a valid marriage, Arya Samaj's marriage certificate was not proof of a good marriage.
The scene is seen from the bench of Judge Surya Prakash Kesarwani and Judge Rajendra Kumar-IV dealing with the first appeal of a certain Ashish Morya challenging the order of a senior judge of the Tarapur family court denied his application under Section 9 of the Hindu Marriage Act, 1955. In
, Mourya essentially filed a claim under Section 9 of the HMA claiming marital rights with the defendant, who he claims to be his wife. However, the respondent-respondent explicitly denies any marriage between her and the plaintiff-appellant.
Plaintiff/Appellant claimed that the two were married according to the Arya Samaj rite and presented a marriage certificate from the Arya Samaj Trust, however, the Court refused to accept the truth of the marriage because they noted that the plaintiff had not brought before the Court any legal provision that would allow Arya Samaj to issue a marriage certificate.
"Appellant-plaintiff's erudite attorney also completely neglected to present to us the statutory provisions allowing Arya Samaj to issue a marriage certificate. So we had no trouble. There is nothing to assume that the marriage certificate issued by Arya Samaj has no legal effect... in the absence of a valid marriage, Arya Samaj's marriage certificate is not proof of a valid marriage. rules of plaintiff-appellant and defendant-respondent." Court said.
The Court further noted that the claimant/appellant had failed to present any evidence or submit any marriage certificate as proof of marriage under Section 8 of the HMA, 1955, read in conjunction with the Regulations. Uttar Pradesh Hindu Marriage Registration Rules, 1973 or Uttar Pradesh Registration of Marriage Rules, 2017. either party and when these rites and ceremonies include Saptapadi, i.e. After the Seven Steps of Uncle groom and bride before the sacred fire, the marriage becomes complete and binding when the seventh step is taken.
In this view, the Court noted that the claimant/appellant acknowledged that Saptapadi's rites and ceremonies did not take place during the alleged marriage of the claimant to the defendant on June 29. 2021 and so the court said that the fact of the marriage had not been proven.
Concerning her claim to return her marital rights, the Court noted that in the absence of valid proof of marriage, the lower court was therefore not legally at fault in dismissing the claim.
"In our view, a valid marriage is a prerequisite for seeking relief in the restoration of marital rights. In the absence of evidence of a marriage. valid marriage, about the facts and circumstances of the case; the lower court did not commit any legal error in dismissing the case by remarking that only a marriage certificate was received from Arya Samaj is not proof of a valid marriage,” the Court dismissed the appeal noted.
