Last week on 4th 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 Special Marriage Act was to be applied to all the marriages performed by the Arya Samaj society. Further, this order of the High Court was challenged before the Supreme Court.
What are the contentions put by the petitioner?
It was contended by two senior advocates presenting on behalf of the Madhya Bharat Arya Pratinidhi Sabha that the High Court erred in directing the order to the organization for complying with provisions of the Special Marriage Act. It was wrong of the High Court to transgress the domain of legislature by directing the organization to comply with the provisions of the Special Marriage Act while solemnizing a marriage in Arya Samaj temples.
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The petitioner Madhya Bharat Arya Pratinidhi Sabha claimed that Arya samaj marriages performed in Arya Samaj temples must be governed by the Arya Samaj Marriage Validation Act 1937 as well as Hindu Marriage Act 1955. The High Court has no authority to hold that the marriage in Arya Samaj temple shall be governed by the Special Marriage Act.
Advocate Shyam Divan appearing on behalf of the petitioner contended that the Madhya Pradesh High Court failed to take notice of a similar order that was stayed by another division of the same High Court earlier in 2021 which directed applying the Special Marriage Act to marriages solemnized under the Arya Samaj.
Further, it was contended that the interference by the High Court in the matter of religion and directing to comply with the provisions of the Special Marriage Act amounts to violation of the fundamental rights of the Arya Samaj community under Article 26 of the Indian Constitution.
What was the impact of the High Court’s decision to comply with the provision of the Special Marriage Act?
The petitioner, Madhya Bharat Arya Pratinidhi Sabha was aggrieved due to the decision of the High Court taken last year as to comply with the provisions of Special Marriage Act. The procedure of Special Marriage Act for marriages is completely different which requires notice of the intended marriage, publication of the notice, marriage register, objection with respect to marriage along with issuing of marriage certificate which is to be issued by the competent authority designated by the state.
The Supreme Court’s stay on the order of the Madhya Pradesh High Court to comply with the provisions of the Special Marriage Act of the marriages solemnized under Arya Samaj must be upheld. This stay on the order of the High Court stopped the marriages under Arya Samaj from issuing certificates of marriage and further directed to confirm with the procedure of the Special Marriage Act 1954.
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