RickyRathore (Stenographer/Typist) 05 January 2010

Is the marriage valid??

I got married through Arya Samaj around 3 months back where we did not go through the 'saat fere' before the sacred fire, but the Arya Samaj certificate was issued. Since this marriage was without the consent of my parents, after the marriage, the girl went to her home and since then we are separated. Due to bad behavior of her and her mother towards my mother and my other family members, i do not wish to continue and have stated the same to the girl.

I have a arya samaj certificate but didn't get it registered with court,but we didn't stay together for even a single day. I wanted to know, considering my situation, Is this certificate marriage valid???

If yes can it be annulled on the above mentioned basis??

Please advice.

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12 Replies

A V Vishal (Advocate) 05 January 2010

Although the marriage certificate issued by Arya Samaj is authentic yet for legal compliances registartion of marriage with the District Marriage Registrar is necessary.

Further, Any marriage solemnized, whether before or after the commencement of the Hindu Marriage Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-

(a) that the respondent was impotent at the time of the marriage and continued to be so until the institution of the proceedings; or

(b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or

(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner is required under section 5, the consent of such guardian was obtained by force or fraud; or

(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.

Since, you don't qualify on any grounds mentioned supra, you cannot seek annulment of your marriage.

adv. rajeev ( rajoo ) (practicing advocate) 05 January 2010

Your marriage is valid. You can go for a divorce, but you cannot file a divorce petition within one year and you dont have good grounds to file a divorce petition. Only on the desertion ground you can file a divorce petition.

Suchitra. S (Advocate) 05 January 2010

The marriage is valid. registration of marriage is compulsory but not registering will not make it invalid. And as others opined, the only way is to apply for divorce .

Anish goyal (Advocate) 05 January 2010

Isn't ceremonies are essential, which r not performed in this case?

Anil Agrawal (Retired) 05 January 2010

We are living in a funny world.

Marriage is a private affairs in Hindus but divorce is a court affair.

In Muslims both are private. Court has no role to play in the garb of Muslim Personal Law.

I am told that among Christians, Church plays an important part in registration of birth, death and marriage.

Different religious and minority groups won't allow a common civil code and we shall have to live with the strife.

Arvind Singh Chauhan (advocate) 05 January 2010

I think Mr. Anish Goyal is pointing towards right direction. Certificate from Arya Samaj have no legal sanctity. For a valid Hindu marriage "Saptpadi" is essential ceremony which is not fulfilled in this matter.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 05 January 2010

rajeev and suchitra gave the right answer. your marriage is valid without doubt. and valid according to hindu law. if you want its dissolution go through divorce procedure, otherwise it may give you trouble in future.

Anil Agrawal (Retired) 05 January 2010

How did it cross your mind that the marriage performed in Arya Samaj could be invalid? Is it the curse of EDUCATION or ECONOMIC INDEPENDENCE or effect of MEDIA now a days that marriages do not work and elopement, secret marriage, abortion, killings, separation, live-in relation, extra marital affair, 498A, DV Act, divorce and related matters are the order of the day?

Parveen Kr. Aggarwal (Advocate) 05 January 2010

Dear Friends,

I would like to draw your attention towards the following Act and its provisions:

THE ARYA MARRIAGE VALIDATION ACT, 1937

ACT NO.19 OF 1937
[AS ON 1957]

An Act to recognise and remove doubts as to the validity of inter-marriages current among Arya Samajists.
[14th April, 1937]

WHEREAS it is expedient to recognise and place beyond doubt the validity of inter-marriages of a class of Hindus known as Arya Samajists; it is hereby enacted as follows;-

1.Short title and extent.- (1) This Act may be called the Arya Marriage Validation Act, 1937.{ Subs, by the A. O. 1950, for the former sub-section (2).} [(2) It extends to the whole of India exempt { Subs, by the Adaptation of Laws (No.2) Order, 1956.for "Part B States".} [the territories which, immediately before the 1St November, 1956, were comprised in Part B States] and applies also to citizens of India wherever they may be.]

2.Marriage between Arya Samajists not to be invalid.- Notwithstanding any provision of Hindu Law, usage or custom to the contrary no marriage contracted whether before or after the commencement of this Act between two persons being at the time of the marriage Arya Samajists shall be invalid or shall be deemed over to have been invalid by reason only of the fact that the parties at any time belonged to different castes or different sub-castes of Hindus or that either or both of the parties at any time before the marriage belonged to a religion other than Hinduism.

RickyRathore (Stenographer/Typist) 06 January 2010

Thanks for all the responses, but i still have some doubts here, in this marriage....no saptpadi is performed, no ceremonies are performed, no guardian from either side was a witness in the marriage.

Will the court only look for a certificate from Arya Samaj??? As stated earlier both are separated after the marriage, and there has been no interaction from either side.

What are the options for a boy or a girl to go for other marriage. Is it that the boy and girl need to go for a divorce first before they go for another marriage?

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 07 January 2010

yes, you are absolutely right to say that thie arya samaj marriage is a perfect hindu marriage and a dissolution of this is must befor second marriage. Look that what are thinking that as the either party is silent then she might not claim her marriage.but it is wrong. suppose after 2nd marriage she claims what will you do? jail is waiting for you. she also has a copy of certificate,even she lost her certificate in that case also, if she tell the court will call the marriage register of arya samaj.

IN YOUR CASE DIVORCE IS A MUST. DO NOT AVOID IT.

Better you talk to your better half, and donot make the conversation bitter.

Bal Mukund Shah(9826310378) (Advocate) 17 August 2011

one man marrage one woman who is pregnent before marrage man seen report of docter date of pregnency and prejuction of bairht date but that is time to only 7 month . please gave advise that wife resides our fathers home but she claim mentinenc we revison this order adj court . Ad. B.M. Shah singruli m.p.