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rahul (nil)     18 March 2015

Arya samaj marriage and second marriage

Can anyone go for a second marriage without divorce if the first arya samaj marriage hasnt registered till date. Or he/she should divorce first?? What is the validity of arya samaj marriage without registration? Is it vali in the eyes of law ??



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 6 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     18 March 2015

Sir, Better get divorced if you want to get second marriage, because if one percent the fact come to the knowledge of first wife there are changes of bigamy being filed... Otherwise you can do the things secretly there is no harm in that. Regards Kapil Chandna Adv 9899011450

saravanan s (legal advisor)     18 March 2015

arya samaj marrriage is a valid marriage and even if it is not registered its still valid.if someone does a second marriage without getting divorce it amounts to bigamy under sec 494 ipc

rahul (nil)     18 March 2015

this is the advice i got from One kishor mehta.. 

"With due respect:

[1] The marriage certificate issued by Arya Samaj is not recognised, nor is accepted as evidence of marriage.

[2] Under the law every hindu marriage has to be registered, soon after the marriage ceremony. Signatures of the married couple, their elders and the person (purohit) who has performed the marriage ceremony are to be affixed to the marriage registration form."

 

Is he right or wrong ???

Kishor Mehta (CEO)     19 March 2015

Dear Mr. Rahul,

It appears that you have taken a wrong meaning and perspective of my statements:

I never stated that Arya Samaj marriages are not legal, it was my contention that the marriage certificates issued by Arya Samaj authorities are not accepted as legal evidence.

MARRIAGES PERFORMED AT ARYA SAMAJ HALLS  WITH ARYA SAMAJIC VEDIC RITES ARE ABSOLUTELY LEGAL AND CAN NOT BE QUESTIOED. HOWEVER, THESE ARE TO BE REGISTERED WITH THE MARRIAGE REGISTRARS.

I am sorry to state that you have quoted me out of context, my referred advice was in another context, it was in the context of validity of marriage certificates issued by Arya Samaj authorities, these certificates are not legally valid, that does not make tha marriage performed at Arya Samaj to be illegal.

I am sorry to state that either you do not understand the language or want to derive weird meanings from adivces offered in good faith.

I am really sorry to have offered any advice to you.

Good Luck,

Kishor Mehta

Anand Bali Adv. (Advocate Solicitor & Consultant)     19 March 2015

Dear client,

Hindu marriage is a sacrament and not a contract and it is the force of believe which always runes in its base. Arya Samajik marriages are good marriages in Hindu religion and there is not essentiality to get an Arya sSmajik marriage be registered with the marriage registrar.

You are advised to take a divorce first and only then get yourself married again otherwise it will become a punishable offence under IPC as Bigamy.

For further legal assistance on nominal charges, you can contact me on below mentioned address and Phone number, Please call after Court hrs to get a suitable appointment date and timing.

Advise, always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on this very site for my appraisal.

for Anand Bali & Associates

Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)
Supreme Court Of India,
High Courts of Delhi, Chandigarh, UP & UK.
For Civil, Criminal, Property, Recovery, Consumer,
Service, Divorce & Family Dispute Matters
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for Anand Bali & Associates

Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)
Supreme Court Of India,
High Courts of Delhi, Chandigarh, UP & UK.
For Civil, Criminal, Property, Recovery, Consumer,
Service, Divorce & Family Dispute Matters

T. Kalaiselvan, Advocate (Advocate)     20 March 2015

The querist has misquoted an expert who had given his valuable advise on the issue properly.  The querist, if not able to understand the meaning of the replies rendered by experts/advocates here, they should not pursue the thread anymore. This is not a place for making fun or taking things in the manner as one understands. An advise to querist is that if he is not able to understand the views of experts/lawyers here properly let them atleast avoid passing irrelevant comments on it, instead they can very well go for a second opinion from their own lawyer or any lawyer in their locality.


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