mayank (manager) 22 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. kindly refer to the link below for another unanswered query

https://www.lawyersclubindia.com/forum/Arya-samaaj-not-registered-under-any-arya-samaaj-society-70076.asp#.UK0-YYbcCQc

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1 Replies

Tajobsindia (Senior Partner ) 22 November 2012

Replied there as below;

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.