Marriage Certificate Issued By Arya Samaj Has No Statutory Force

In recent days the Honourable High Court held that the Marriage Certificates that are being issued the Arya Samaj have no statutory force, It was further said that in the absence of the valid the marriage the certificate issued by the Arya samaj is not said to be the proof of valid marriage.

These above mentioned observations were held by the bench of Justice Surya Prakash Kesarwani and Justice Rajendra Kumar IV who were dealing with the first appeal that was filed by Ashish Morya challenging the an order that was passed by the Principal Judge, Family Court, Saharanpur, dismissed the application file under Section 9 of the Hindu Marriage Act, 1955.

Mourya had filed the application under section 9 of the Hindu Marriage act for the restitution of Conjugal rights against the defendant who is claimed to be his wife, the respondent denied that there was no any kind of marriage between them.

The Plaintiff claimed that both of them had their marriage performed under the rituals of the Arya Samaj and also presented the Arya Samaj Marriage certificate but the court rejected the certificate of Arya Samaj and the court was not justified as the plaintiff was not able to provide any justification or legality or any such statutory provisions that enables Arya Samaj to issue marriage certificate

The Court also said that or further noted that petitioner neither gave any evidence nor filed any marriage certificate as the proof of marriage under the section 8 of the Hindu marriage act 1955.

Certain more observations were observed by the Honourable Court as per the Section 7 of the Hindu Marriage Act, hindu marriage can be solemnised with the hindus ceremonies of either party these rites must include Saptapadi that is taking of Seven Steps by the bride and the groom before the Sacred fire and thus marriage is said to be complete, but in this the court said that the ceremonies of the Saptpadi had not been taken place between the plaintiff and the appellant and thus court laid that the fact of the marriage is not proved.

As the plea for the Restitution of the Conjugal rights, here the court noticed that since there was no such proof for valid marriage therefore there is no proof of valid marriage and thus court had not made any default in dismissing the suit.