What are Arya Samaj's marriage and the legal validity of the certificate issued by Arya Samaj

OVERVIEW

What are Arya Samaj's marriage and the legal validity of the certificate issued by Arya Samaj?

What is Arya Samaj?

How to get married in Arya Samaj Mandir?

Validity of certificate issued by Arya Samaj

Supreme Court's reply to Arya Samaj's certificate

What is Arya Samaj?

  • Arya Samaj was started in the year 1875 by Swami Dayanand Saraswati. Arya Samaj was opposed to the evils of Hinduism.
  • Arya Samaj stood against many evils related to marriage in Hinduism. But in Arya Samaj, marriages began to be performed following Hindu customs. Due to the easy marriage process in Arya Samaj, it became pretty popular among the general public.
  • Arya Samaj was established at the same time when the problem of casteism had increased in India.
  • The Arya Samaj Validation Act was passed in 1937 and is older than the Hindu Marriage Act, which was enacted in 1955. It was implemented even before the independence of India.
  • Many people adopted Arya Samaj. They were not allowed to marry outside India because they were not discriminated against based on caste in Arya Samaj. This trend increased due to the ease of marrying in another caste.

How to get married in Arya Samaj Mandir?

  • Arya Samaj does not believe in idol worship. The marriages that take place in Arya Samaj are similar to Hindu weddings. In this also, seven rounds are taken in front of the fire like Hindu beliefs. But Arya Samaj was considered a part of Hinduism by Swami Dayanand Saraswati. This Arya Samaj also has traditions like Hindu, Buddhist, Jain, and Sikh communities.
  • There is also a process to be followed for getting married in Arya Samaj. To get married in Arya Samaj, one must first get registration done in the Arya Samaj temple. Some essential documents of the boy and the girl are checked while registering to get married in Arya Samaj.
  • This is followed by the garland ceremony and round fire, after which the marriage occurs.
  • Couples of Hindus, Sikh, Jain, and Buddhist religions are married in the Arya Samaj temple. Apart from this, if a couple is from any other religion except this religion. For example, Muslims, Christian, Parsi, etc.
  • So, in such a situation, these couples are first purified in the Arya Samaj temple, and then after they are purified, they are converted to Hinduism by converting them.
  • After the conversion of religion, their marriage is done in the Arya Samaj temple with complete rituals. Similarly, if these couples belong to Hindus, Sikhs, Jains, and Buddhists, they are married without religious conversion.
  • In Arya Samaj temple, marriage is done according to Vedic rituals. After this, the marriage certificate is also issued. The marriages held here are recognized under the Arya Samaj Marriage Validation Act 1937 and the Hindu Marriage Act 1955.

Before applying for marriage in Arya Samaj Mandir, there are some necessary conditions and criteria for both the bride and groom which must be fulfilled:

  • They should not have a living spouse at the time of marriage.
  • The boy and the girl should not be incapable of giving consent as the consent given by the incapable person is not considered valid.
  • They should not suffer from insanity or epilepsy.
  • The bride's age should be at least 18 years, and the groom's age should be at least 21.
  • Both parties should not be in a prohibited relationship with each other.

Whether the validity of the certificate issued by Arya Samaj:

  • Issuance of a marriage certificate by Arya Samaj Sanstha does not mean that your marriage has got legal recognition.
  • After getting married in Arya Samaj, the certificate will be obtained, and after that, it is necessary to register the marriage in the SDM office under the law.
  • If both the bride and groom are Hindus, they must apply for a certificate under the Hindu Marriage Act. But if both belong to different religions, then the Special Marriage Act will be applicable.
  • However, there are still many questions in the Supreme Court. But in any case, the certificate of Arya Samaj cannot be considered a valid legal document.
  • Marriage in Arya Samaj will take place according to the rules of the Arya Samaj temple, and they will also get marriage certificates from Arya Samaj itself. Still, after the marriage is solemnized in the Arya Samaj temple, the marriage has to be registered under the Hindu Marriage Act to register in the court.

Supreme Court's reply on Arya Samaj's certificate:

In April 2022 this year, while hearing a case in Madhya Pradesh, the Supreme Court held that marriages held in Arya Samaj Mandir need not be registered under the Special Marriage Act. But this does not mean that marriages in Arya Samaj temples do not need registration.

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