Legal Guide On Arya Samaj Marriage

Vedic rules dictate that Arya Samaj marriages, which take the place of traditional Hindu weddings, are simple, solemn events. The ceremonies are carried out at Arya Samaj Mandirs and are recognised across India. Both the Hindu Marriage Act of 1955 and the Arya Samaj Marriage Validation Act of 1937 acknowledge the legitimacy of marriages, and the certificate acquired after the ceremony can help with the marriage registration process.

Founded in 1875, Arya Samaj is a reform movement that advocates for social justice and a restoration to Vedic principles. They provide Vedic-based marriage rituals as an alternative to traditional Hindu weddings. These rituals hold religious significance for a lot of couples. For further information regarding Arya Samaj weddings, read the article thoroughly.

Arya Samaj, a Hindu reform movement founded by Swami Dayanand Saraswati, offers a simplified and Vedic-principled approach to marriage. Arya Samaj marriages, distinct from traditional Hindu weddings, emphasize core Vedic rituals and eschew elaborate ceremonies and idol worship. This approach makes them a popular choice for those seeking a more straightforward and spiritually grounded wedding.

What Is Arya Samaj marriage?

Arya Samaj, an organization to reform Hinduism founded by Swami Dayanand Saraswati in 1875. An Arya Samaj marriage is a wedding performed as per the principles and rituals of Arya Samaj. Such marriages tend to focus on simplicity and Vedic principle compliance, excluding elaborate rituals and idol worship. The ceremony generally involves a sacred fire (Agni) and Vedic hymns.

Pre-Marriage Requirements

The following requirements must be met before an Arya Samaj marriage:

• Age: The bride should be at least 18, while the groom should be at least 21 years old.

• Religion: The couple must belong to Hindu, Buddhist, Jain, or Sikh.

• Documents: Proof of age, identity, and residence, along with passport-sized photographs for both parties.

• Affidavit: Sometimes, an affidavit expressing willingness to marry without duress is required.

• Witnesses: There must be two witnesses present during the wedding service to sign the papers.

How To Check Arya Samaj Marriage Certificate Online 

To check Arya Samaj marriage certificate online, follow the step-by-step procedures:

Step 1: Appointment

To begin with, schedule an appointment with the sub-divisional magistrate's office either through the Arya Samaj official website or in person 15 days before the marriage date. This office shall issue the marriage certificate.

Step 2: Filing Registration Form

Get the form from the office or download it from their website. Fill the form with the bride and groom's details like names, ages, addresses, religions, etc.

Step 3: Submission Of Form And Required Documents

Submit the duly filled form with necessary documents and proofs such as date of birth, identity, address, and religion proofs, along with photographs. Pay the specified registration fee.

Step 4: Bringing Two Witnesses

On the appointed day, come with two witnesses with their ID proofs. Both of them shall sign the paper as witnesses.

Step 5: Verification

The sub-divisional magistrate will verify each and every document and detail he has received. This is so that all your details are valid and complete.

Step 6: Marriage Certificate

After checking all the details, this marriage certificate will be issued by the sub-divisional magistrate. This would legally prove your marriage under Arya Samaj rules.

How To Download Arya Samaj Marriage Certificate

You will receive the certificate from the sub-divisional magistrate. If your state or UT offers any website for such registration, you can refer to the steps given below and download the certificate:

• Visit the government's official website where the marriage was registered.

• Look for the section on marriage certificates.

• Enter all the required details such as names, date of marriage, and other such information.

• Download the certificate by following the instructions.

Validity Of Arya Samaj marriage

Arya Samaj marriage is legally valid if carried out according to Vedic customs, according to the Arya Samaj Marriage Validation Act, 1937 along with the provision of the Hindu Marriage Act, 1955.

Arya Samaj Marriage Rules In India

Arya Samaj marriages are performed based on Vedic rituals and fall under the Hindu Marriage Act of 1955. Some important regulations are:

• Eligibility: Groom must be of the age 21 and bride must be at least 18 years of age.

• Ceremony: Ceremonies include sacred fire and chanting of Vedic hymns. The entire ceremony is simple.

• Legal Recognition: The Arya Samaj marriage certificate is not legally recognized, although the marriage, if conducted under either the Hindu Marriage Act or the Special Marriage Act, can be registered.

• Inter-caste and interfaith marriages: Arya Samaj marriages can be performed between two individuals belonging to different castes and religions except Muslims, Christians, Parsis, and Jews.

Key Benefits Of Arya Samaj marriage

Arya Samaj marriage has the following benefits:

• Simplicity: Arya Samaj weddings are simple, not used much in terms of decoration and rituals.

• Cost-Effective: Such marriages are considered to be cheaper than the usual Hindu wedding ceremonies.

• Equality: Arya Samaj advocates equality and does not discriminate based on caste or social status.

• Legal Recognition: The marriage ceremony is legally recognized through Hindu Marriage Act. It gives guarantee in respect to its legitimacy.

• Spiritual Significance: The rituals come from Vedic scriptures, hence spiritual depth is added to the ceremony.

Difference between court marriage and Arya Samaj marriage

There is following differences between court marriage and Arya Samaj marriage

Sample format of Arya Samaj marriage certificate

You can find the format for Arya Samaj marriage certificate at this website. Following is a specimen from the same:

Landmark judgement on Arya Samaj Marriage

Following are some of the landmark judgements on Arya Samaj marriage:

Sunil Lora vs. State of Rajasthan (2022)

In this case, the Supreme Court refused to accept a marriage certificate issued by Arya Samaj. It observed that "Arya Samaj has no business giving marriage certificates. This is the work of authorities. Show the real certificate."

Ashish Morya vs. Anamika Dhiman (2022)

The Allahabad High Court held that a marriage certificate issued by Arya Samaj does not have statutory force and is not, in itself, proof of a valid marriage. 

Here's a more detailed breakdown:

• Role of Arya Samaj: The court conceded that Arya Samaj is a reformist stream of Hinduism, but opined that the same is not sufficient to grant statutory character to marriage certificates issued thereunder.

• Lack of Statutory Foundation: The court stated that no statutory provisions were produced, whereby the Arya Samaj was shown to have a right and authority to issue marriage certificates.

• Registration of Marriage: Even though the court allowed that registration of marriages has evidentiary value, it clarified that registration itself does not validate a marriage.

Doly Rani vs. Manish Kumar Chanchal (2024)

In this case, the Supreme Court discussed the requirements for a valid Hindu marriage under the Hindu Marriage Act, 1955, which would apply to Arya Samaj marriages. 

Shruti Agnihotri vs. Anand Kumar Srivastava (2024)

The Allahabad High Court held that a marriage certificate issued from Arya Samaj Mandir is not valid proof of a valid marriage. The court noted that unless the prerequisites for a valid Hindu marriage are completed and proven, such certificates have no meaning at all.

According to the court, a marriage needs to be carried out with the right ceremonies in the right form to be deemed valid. A valid Hindu marriage requires the performance of customary rites and ceremonies, referred to as 'Saptapadi', which completes the marriage when the seventh step is taken.

The court held that neither the certificate from the Arya Samaj Mandir nor the Registry of Marriages certificate was proof of the marriage because both did not specify the performance of any rites and customs required in the marriage.

The court emphasized that a marriage certificate issued from Arya Samaj Mandir does not prove the existence of a valid marriage per se. A certificate issued by an organization like Arya Samaj Mandir does not prove marital status or create a marriage under Hindu law if the required ceremonies were not performed.

Is Arya Samaj Marriage Legal?

Getting married does not equate to having your marriage officially registered. According to certain applicable legislation, your marriage is officially registered at the magistrate's office when it is consummated.

You should apply for your marriage license under the Hindu Marriage Act of 1954 if both the bride and groom are Hindus. However, the Special Marriage Act of 1955 allows you to file for a marriage certificate if the couple is not of the same religion. Nevertheless, in any event, an Arya Samaj marriage certificate by itself cannot be regarded as a legitimate legal marriage contract.

Arya Samaj is not authorized to provide marriage certificates, as per a recent ruling by the Supreme Court. This reaffirms that a legally recognised marriage requires registration under the relevant laws, such as the Hindu Marriage laws (for Hindus) or the Special Marriage Act (for interfaith weddings).

Arya Samaj rituals are significant, although they are not recognized by law on their own. Under Indian law, a marriage must be registered under the applicable statute in order for it to be deemed lawful.

Legal Framework Regulating Arya Samaj Marriage

You need to have a government-issued marriage certificate and register your marriage under the Hindu Marriage Act or Special Marriage Act for your union to be recognized legally as an Arya Samaj couple. Once the couple reaches the required age, they can hold an Arya Samaj ceremony at any Arya Samaj temple for religious purposes. The court made it clear that Arya Samaj is not authorised to grant marriage licenses. A lawful marriage requires registration under the HMA or SMA. When registering an Arya Samaj marriage, couples have two options: the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954.

Hindu Marriage Act, 1955

This act is done by Buddhists, Jains, Sikhs, and Hindus. Visit the sub-registrar's office in the location of the marriage or where one partner has resided for a minimum of six months to complete the registration process. Marriages that have previously been consummated under customary ceremonies may nevertheless be registered under this statute. read more Hindu Marriage Act

Special Marriage Act, 1954

This act is available to all citizens of India, irrespective of their faith. The sub-registrar in the area where either partner resides must receive a 30-day notice from the couple for them to register. The notification has a 30-day public exhibition period. The marriage is recorded if there are no objections. Couples who do not meet the requirements for registration under the Act may choose to proceed with this process since it does not necessitate any religious ceremony.

Eligibility Criteria For Marrying In Arya Samaj

The eligibility criteria required for an Arya Samaj marriage is:

• The bride should be at least 18 years old, while the groom must be at least 21 years old. For more details on these requirements and related laws, visit our guide to legal marriage age in India.
• Any Sikh, Buddhist, Jain, or Hindu can conduct an Arya Samaj marriage.
• In an Arya Samaj marriage, both inter-caste and inter-religious unions are permitted. However, none of the couples being married should be Jews, Christians, Muslims, or Parsis.
• The Samaj permits a non-Hindu couple to convert through Shuddhi to execute the marriage.
• Necessary Document Required For Arya Samaj Marriage

The documents required for Arya Samaj marriage are:

• 4 copies of colored photographs of both the bride and the groom.
• Proofs for the DOB and address proof of both parties.
• Two witnesses to witness the wedding.
• In case one of the spouses is a widow/widower, then the widow/ widower has to submit the death certificate of the dead spouse.
• If one of the spouses is a foreign citizen or holds a foreign passport or is having a foreign residential address, then the spouse requires the Certificate of the present marital status of the party/ NOC from the concerned Embassy and a Valid VISA.

Step-By-Step Procedure For Registering Arya Samaj Marriage:

Here is a step-by-step procedure for registering Arya Samaj Marriage:

• Make an Appointment: Make an appointment first with your local sub-divisional magistrate's office. Your marriage licence will be given to you here. Don't forget to schedule the meeting at least 15 days before your wedding.
• Complete the Registration Form: Proceed to complete the paperwork for marriage registration. The bride and groom's names, ages, addresses, and faiths will be requested on this form. This form is available for download on their website or may be obtained from the magistrate's office.
• Send in the Form and the Necessary Documents: Send in the completed form and the required paperwork. These include of identification, residence, date of birth, and religious evidence in addition to photos. Additionally, there is a minor registration charge.
• Bring Two Eyewitnesses: Bring two witnesses who are familiar with both you and your partner on the day of your visit. They must sign the paper attesting to your marriage and should have their identity documents with them.
• Confirmation: The sub-divisional magistrate will check all of the information and paperwork you have given. This stage guarantees the accuracy and completeness of all the data.
• Obtain Your Marriage Licence: Ultimately, the sub-divisional magistrate will issue you a marriage certificate upon verification. This certificate serves as a legally binding confirmation of your marriage under Arya Samaj customs.

As a result, the marriage certificate will be granted by the magistrate's office upon completion of all requirements, and the court will acknowledge it as legally genuine.

Your marriage will set you back anything from ₹5000 to ₹10,000, depending on the location of the ceremony. It also depends on your guest list and schedule. The cost of the marriage ceremony and marriage certificate are included in these Mandir marriage packages.

Conclusion:

In conclusion, Arya Samaj marriages, which are based on Vedic customs, offer a simpler and more meaningful alternative to traditional Hindu weddings. The Hindu Marriage Act of 1955 and the Arya Samaj Marriage Validation Act of 1937 both acknowledge the religious significance of these rites. However, to have legal recognition, one must register under either the Hindu Marriage Act or the Special Marriage Act. The process comprises meeting the prerequisites, presenting the necessary documentation, and obtaining a government marriage license. The traditions are still highly respected and important in Indian society, even after the Supreme Court decided that Arya Samaj could not give marriage permits.

FAQs

A few FAQs based on Arya Samaj Marriage are:

Q1. Is Arya Samaj marriage valid in India?

Yes, Arya Samaj marriages are legally valid in India, as they are performed according to Hindu rites. The Hindu Marriage Act recognizes marriages performed according to traditional customs and ceremonies, which includes those conducted by Arya Samaj.

Q2. How is marriage done in Arya Samaj?

Arya Samaj marriages are conducted according to Vedic rituals. The ceremony involves chanting mantras, offering oblations to the sacred fire (havan), and taking vows in the presence of witnesses.

Q3. How to register Arya Samaj marriage in court?

After the Arya Samaj marriage ceremony, you'll need to register it with the Sub-Registrar's office under the Hindu Marriage Act. This involves submitting an application form along with the necessary documents, including the Arya Samaj marriage certificate, to the registrar.

Q4. Is Arya Samaj marriage valid without registration?

While an Arya Samaj marriage is valid according to Hindu rites, registering it with the Sub-Registrar's office is essential for legal and administrative purposes. Registration provides crucial legal proof of the marriage and is often required for things like visa applications and claiming spousal benefits.

Q5. How to cancel Arya Samaj marriage certificate?

An Arya Samaj marriage certificate itself cannot be directly "cancelled." If the marriage is legally invalid or needs to be dissolved, you'll have to go through the legal process of divorce in a court of law. The court's decree of divorce would then serve as the official record of the marriage's dissolution.

Q6. How much does Arya Samaj marriage cost?

The cost of an Arya Samaj marriage varies depending on the specific Arya Samaj Mandir and the services you require. It typically includes a nominal fee for the ceremony itself, but additional costs may apply for things like decorations, priest services, and documentation.

About The Author:

Adv. Bharat Kishan Sharma is a practicing lawyer at All Court of Delhi, NCR, with 10+ years of experience. He is a consultant and practices in the area of Criminal Cases, Contract Cases, Consumer Protection Cases, Marriage and Divorce Cases, Money Recovery Cases, Cheque Dishonour Case, etc. He is a passionate Counsel providing services in Litigation, Legal Compliance/Advisory to his clients in diverse areas of law.