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Nilesh (Advocate & Student CS)     28 February 2009

Marriage at arya samaj

Dear All,

One of my freind wants to get married at Arya samaj as he doesn't which to go through the procedure which rwgistrar of marriage follows because there are objections from the both side (i. e., parents' objections)

is marriage solemnized at arya samj would be legal

pls give me procedure that they follow as i know there is no procedure of 30 days notice period.

thanx



Learning

 11 Replies

AEJAZ AHMED (Legal Consultant/Lawyer)     28 February 2009

DEAR NILESH,


If they both are MAJOR as prescibed by Law, then the Marriage either solmnize at Arya Samaj,  any Temple in presence of Witnesses or even at Police Station is Legal Marriage.    

alokraman (company secretary )     28 February 2009

 Theree are specific personal laws . please provide me following details for appropriate answer :-


1.Do you belong to Hindu community


2.If yes , do you  fulfill the essential criteria for solemnizing marriage as per custom and law


3. which personal law is applicable to you


 

Manish Singh (Advocate)     28 February 2009

get married at Arya Samaj but do make a point to get a certificate from the pundit who solemnises your marriage since ultimately you wll have to register your marrige with thsub registrar. but in ts case you dont need to giv e one month notice to your family inviting objections.


but both the parties should be hindu. 

Nilesh (Advocate & Student CS)     28 February 2009

Dear All,


thanks for the suggession


after getting married, how will thwy obtain certificate of marriage.


certificate provided by arya samj is sufficient enough or they need to obtain it from registrar of marriage on the basis of cerificatate which is given by arya samaj.


does the marriage solemnized at arya samaj create any problem while cople or any of them wants to leave india


As in the above case parents are objecting. if they get married (as both are ready to marry each other) and parents of girl lodge anyn FIR pertaining to abducting and inducing girl and forced her to marry in this case will it create any problem with VISA or passport 


thanx 

Kiran Kumar (Lawyer)     28 February 2009

there is a judgment of Hon'ble SC in 2006 titled as Lata Singh v/s Sate of UP and another judgment by Punjab and Haryana High Court titled as Pardeep Kumar v/s State of Haryana in the year 2008.....if any such FIR of complaint is registered then u can proceed for quashing before the Hon'ble SC....for contents find and read the above titled judgments.


for official documentation and immegration purposes only the Certificate issued by the Registrar will be valid who in fact relies of the certificate issued by the Pandit....in fact registrar requires proof of marriage like marriage card, photos etc.

N.K.Assumi (Advocate)     28 February 2009

Dear Nilesh,


                             Section 2 (1) of the HMA provides that the Hindu Marriage Act applies to :- (a) to any person who is a hindu by religion in any of its forms or developments, includinga Virashiva, a Lingayat or a follower of the Brahmo, prathana or Arya Samaj.


                             The Satapadi is one of the essential featuresw of Arya samaj marriage. The Principal difference between a Hindu marriage acording to Arya Samaj rites and the customary rites prevalent in these parts of the country apart from formal difference of ritual lies in the fact that while according to  the strict vedic rites observed by the Arya Samajists; the bridegroom and the bride make only four rounds of the sacred fire, on the other hand according to customary rites seven rounds are to be made. According to law marriage is complete on the completion of seven rounds of the sacred fire made by the bridegroom and the bride together. The seven rounds of sacred fire is not the same thing as Saptapadi. Saptapadi is a ceremony which follows immediately after the four rounds of the sacred fire taken by the bridegroom and bride together according to the strict vedic rites ( as in Arya Samaj marriage) or after the seven rounds of sacred fire according to current customary rites.


                                 The Hindu marriage act empowers the state governemnt to frame rules for registration of marriages. secrion 8 Hindu Marriage act further provides that State Government may enact that such registration is compulsory. But the failure to register such marriage when so enacted, at any rate does not affect the validity of marriage, ommission being only punishable with a fine yup to 25  rupees. But registration of marriage without solemnization, there is no marriage at all in other words there is no relationship of husband-wife comes into being.

1 Like

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     09 March 2009

I do agree with my ld. friends.

Bindu (Junior Lawyer)     10 March 2009

Well Mr Nilesh you can ask your friends to get married in temple, get an affidavit in lieu of wedding card(state both of them are major, consent to the marriage, place of temple where they are getting married, name of the priest)Remember token need to be taken in advance .


If your friends are from mumbai there are certain temples where marriages are doen in temple , the receipt issued can be annexed with the form , attach necessary documents & get the marriage registered with the registrar.


He shall issue you marriage certificate within 30 days from registration.


Regards


Advocate Bindu

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     10 March 2009

Yes, herein Delhi the same process is being adopted now a days. But be aware here are some touts who are professional to misguide the people like u. For any type of help u can contact me at:-09711364956/-09871158578

sandeep verma (advocate)     20 October 2010

Documents required for Performance & Registration of court Marriage...

1.Passport Size Photographs - four each of Marrying Persons.

2.Residential Proof (Voter Card / Passport / Ration Car / Driving License / Bank Passbook / Lease Deed / Rent Deed) of Marrying Persons.

3.Date of Birth Proof (Municipal Corporation Certificate, Xth or XIIth Examination Certificate, Passport, PAN Card) of Marrying Persons.

3.If any party is divorcee – Certified copy of Decree of Divorce granted by the Court.

4.If any party is widow / widower – Death Certificate of the dead spouse.

5.If any party is a Foreign Citizen or holding a foreign Passport or is having foreign residential address - Certificate of Present Marital Status of the party / No Impediment Certificate / NOC from concerned Embassy and Valid VISA.

6.Two Witnesses ( Both should be major )

 

FOR MORE DETAILS YOU CAN CONTACT  @ 9818673748 ( Adv.sandeep verma).Delhi


(Guest)

how to prove if the saptapadi was performed , becasuse in a peculiar case where i was a witness to my female friends marriage in arya samaj what actually happened was the couples did not perform saat phera/saptapadi & obtained a certificate . but the groom has now challenged the certificate in court on this saptapadi ground to annul the marriage because of family pressure.

will lying in court will cause me trouble .... because there is bride, me & pandit & one more friend from brides side to say the same thing, boy wont be able to prove....though saptapadi did not take palce . what is my dear friends chances of winning the case.

 

will i face any trouble from court? is there any way i will be caught.


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