Allahabad: The Allahabad High Court has ruled that interfaith marriages conducted without religious conversion are illegal. The observation was made while hearing a petition related to the alleged kidnapping and marriage of a minor girl at an Arya Samaj temple.
The petitioner, Sonu alias Sahnoor, had sought the quashing of criminal proceedings against him, claiming he had married the girl, now an adult, at an Arya Samaj temple, and they were living together.
Justice Prashant Kumar, while rejecting the plea, noted that the marriage certificate issued by an Arya Samaj temple involving a minor was in violation of legal norms. The court refused to cancel the criminal case against the accused, who allegedly kidnapped a minor and married her at the temple.
The ruling targets institutions like Arya Samaj temples, which, the court noted, have been indiscriminately issuing marriage certificates, often for a fixed fee, without adhering to legal formalities. Such practices, the court observed, amount to a violation of the law.
The court also directed the Uttar Pradesh Home Secretary to initiate a probe headed by a DCP-rank IPS officer into Arya Samaj institutions that issue marriage certificates to underage couples or interfaith couples without conversion. A compliance report has been sought by August 29.
According to the petition, an FIR was filed against the accused at Nichlaul police station in Maharajganj district under charges of kidnapping, rape, and under provisions of the POCSO Act. A chargesheet has been filed and summons issued.
The petitioner claimed he had married the girl at an Arya Samaj temple and that she is now an adult. Since they are living together, he argued that the criminal proceedings should be quashed.
Opposing the plea, the state government argued that both individuals belonged to different religions and had not converted. Therefore, the marriage held no legal standing.
The court observed that several Arya Samaj institutions have been issuing certificates for marriages involving minors or interfaith couples without following due legal procedure. It said such practices require investigation and appropriate legal action.
WHAT IS AN ARYA SAMAJ MARRIAGE?
An Arya Samaj marriage is a Hindu wedding conducted in line with the principles of the Arya Samaj, a reformist movement that promotes simplicity and Vedic rituals.
The ceremony avoids elaborate customs and focuses on core Vedic rites like the sacred fire (Agni) and the chanting of hymns. It is typically held at an Arya Samaj Mandir and is known for being quick, affordable, and non-ritualistic. Eligibility requires both partners to be Hindu (or converted to Hinduism), with the minimum age set at 21 for the groom and 18 for the bride.
Arya Samaj welcomes inter-caste and inter-religious marriages, provided the individuals are Hindu or willing to convert to Hinduism. Individuals from other religions (like Muslim or Christian) can convert to Hinduism through a purification ritual (Shuddhi) conducted by the Arya Samaj, enabling them to have an Arya Samaj marriage.
The couple needs to show age proof certificate, residence proof, four photos each of partner and two witnesses with id cards, as per their official website. After the couple completes all formalities, the marriage is solemenised by a priest at the temple as per vedic sriptures and Hindu rituals. After this, the couple is provided with a certificate.
Notably, Arya Samaj marriages are legally recognized under the Hindu Marriage Act of 1955.
“After receiving the certificate, no one can harm you legally and cannot challenge your into the court of law,” the website assures.
WHAT COURTS SAY
However, courts seemed to differ from that claim on numerous occasions. The Allahabad High Court had passed another order six days back in a different case saying Arya Samaj certificate is not a valid certificate of marriage. The Lucknow bench of the Allahabad high court ruled that an Arya Samaj Mandir certificate alone is not a valid certificate of marriage and that a divorce between a Hindu couple can’t be on a stamp paper.
Justice Manish Mathur on July 15 dismissed a petition filed by a woman seeking compassionate appointment after the death of a government employee who she claimed was her husband.
The court also cited rulings of the cases, including ‘Dolly Rani vs Manish Kumar Chanchal’ and ‘Shruti Agnihotri vs Anand Kumar Srivastava’, to reiterate that Arya Samaj certificates alone cannot be accepted as conclusive proof of a lawful marriage.
On April 17, the Allahabad High Court 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.
In its April 8 ruling, the court clarified that while a marriage certificate issued by Arya Samaj may not carry statutory prima facie validity, it is not mere “waste paper.” Such a certificate can still be substantiated during trial through the testimony of the purohit who conducted the ceremony, in accordance with the provisions of the Bharatiya Sakshya Adhiniyam, 2023.
In September last year, the Allahabad High Court directed an enquiry into the Arya Samaj Mandirs, societies, trusts, and institutions providing marriage certificates primarily in Gautam Budh Nagar and Ghaziabad as well as in other parts of Uttar Pradesh.Dealing with protection cases filed by young couple.
Dealing with protection cases filed by young couples, Justice Vinod Diwaker observed that; “In essence, such marriages lead to human trafficking, sexual exploitation, and forced labor. Children endure emotional and psychological trauma caused by social instability, exploitation, coercion, manipulation, and the disruption of their education. Additionally, these issues place a significant burden on the courts. Therefore, a robust system for document verification and ensuring the accountability of trusts and societies needs to be developed.” (via. IT)
