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fighter498 (manager)     28 August 2014

Validity of marraige at arya samaj mandir hanuman road

DEAR EXPERTS ,

BELOW ARE FEW ARTICLES FROM NEWSPAPER  IN WHICH I NEED YOUR KIND ADVISE.

 

ARTICLES  STATES THAT THERE ARE 5 ARYA SAMAJ MANDIR IN DELHI WHICH IS NOT AFFILIATED TO ARYA SAMAJ  PRATINIDHI SABHA  SO THEY ARE NOT ALLOWED TO CONDUCT ANY MARRIAGE RITUALS SO MARRIAGES WHICH TOOK PLACE IS INVALID. 

I ALSO GOT MARRIED IN ONE OF THESE TEMPLE IN FEB 2012 , CAN ANYONE RAISE QUESTION ON MY MARRAIGE VALIDITY. PLEASE ADVISE.

https://m.indiatvnews.com/news/india/delhi-high-court-prohibits-five-arya-samaj-temples-from-conducting-marriages-of-couples-28715.html

https://m.timesofindia.com/city/delhi/Five-temples-under-scanner/articleshow/23373382.cms


https://archive.indianexpress.com/news/hc-restrains-five-temples-in-old-delhi--from-performing-arya-samaj-weddings/1177078/

https://wap.business-standard.com/article/pti-stories/hc-restrains-5-arya-samaj-temples-from-holding-marriages-113100101161_1.html



Learning

 2 Replies

Tajobsindia (Senior Partner )     28 August 2014

1. If no affiliation then the Certificate is not a valid document of marriage for Public purposes.

2. If parties themself raise doubt to their marriage subject to showing valid evidence then not valid and if marriage not performed in accordance with Hindu Marriage Rituals - Customs. 

3. By virtue of S. 5 of the Hindu Marriage Act 1955, a marriage will be valid only if both the parties to the marriage are Hindus. 

4. A marriage may be solemnized between any two Hindus, if the conditions mentioned under S. 5 (clause 1 till 5) are fulfilled. 

Chetan Joshi (Advisory/Advocacy)     28 August 2014

Curiousity:.

 

But then how do we deal with a situation wherein a couple willingly gets married in an Arya Samaj Mandir and later the wife file for an annulment taking a plea that essential ceremonies were not adhered with?

 

They also have the certificate, what is the authenticity of such a claim and marriage under the Annulment petition?

 

 

Regards

Chetan Joshi


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