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.

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.

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.