mayank (manager) 18 November 2012

Arya samaaj not registered under any arya samaaj society

a girl known to me got married through arya samaaj procedure in may 2012 to guy from her work as she was continuously emotinally blackmailed by him of committing suicide if she does not marry him( without the family conscen)t. when family told that he is not the right guy for her (as he has lots of bad habits and also is not well setlled in his life) she understood and now is ready to go through anullment procedure. she has not met the guy after marriage and not stayed even once at the guys place after marriage . the marriage certificate issued by the arya samaaj does not bear any REGISTRATIN NUMBER of the mandir nor there is any serial number on the certificate,even the address is very vaguely written on the certificate.we enquired and came to know that this purohit is not registered under any arya samaaj society

2) is this marriage valid? all the rituals were performed and fotos were clicked .

3)If yes? then what could be the grounds for annullment of this marriage?

p.s. both parties hav signed an out of court settlement on a 100 rupee stamp paper infront of the family members of both the parties a month after the marriage, since then the guy is troubling the girl's family and blackmailing with the photographs of the marriage for giving girl's family a bad name. The original certificate was submitted back with the purofit of this so called arya samaaj mandir.

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3 Replies

Tajobsindia (Senior Partner ) 19 November 2012

1. If the photos are there then it is valid marriage is one line of rebuttal arguments from him / his side but can be easily challenged.
2. Annulment can be done on grounds of 'fraud" and for the same the priest as well as authorities of main Arya Samaj Mandir located in that city which gives Forms and issues Certificates of Marriage.
3. Fraud here is willful consent taken for marriage with false marriage ceremony conducted by un-recognized Arya Samaj Temple not having authority by main Arya Samaj Mandir Society to conduct marriages as per ASM in that temple read with the priest is not duly authorized to conduct Arya Samaj marriages as per norms of the Society further no proper Form and affidavits for agreeing to marry under Arya Samaj Mandir taken / deposited and approved by Arya Samaj Mandir Cosiety of that cisty.

Thus what you now need to do is to hire and advocate and ask h/er to build the case of annulment very soon on above two last paras lines and it is doable.

mayank (manager) 20 November 2012

thank you so much for your valuable advice.

i want to ask how much time will it take to go thru all the annullment procedure, can this case be contested? can we take an ex-parte decision?

can u give reference of any judgement made on similar type of case in u.p.?

i hav also heard that these ASMs are not supposed to issue a marriage certificate after the decision passed by High court. what significance does it hold in my case if true?

can we directly apply in the U.P. high court?

kindly do the needful

Tajobsindia (Senior Partner ) 22 November 2012

1. Every Court has its own schedule for disposing cases before her. Normally it may take anywhere from 1-3 years on an average.

2. If other party files reply and proceeds on day today hearings then it becomes contested case. Ex-parte decision can be challenged and by simply wishing ex-parte Orders donot pop up just like that. The circumstances of proceedings leads a case to ex-parte decision eventually.

3. Judgment comes later once you hire and advocate locally and institute a case. Right now it seems you donot have an advocate on record so what good Judgment will do if no case even filed and Notice issued?

4. Rajasthan HC last year issued such guidelines to ASM and it is under challenge by ASM Society. It is not applicable pan-India.

5. Case process flow starts from trial Court then High Court and finally reaches to SC. You donot have locus to institute directly case before HC.

BTW, this same query question is pending at your end from last 1 year, so I don’t think you may get remedy ASAP as made out in your second set of query before us in this thread! Reason being one need to act not keep on talking for a year when fraud based decree is cause title.