During Friday`s bail application, judges Ajay Rastogi and BV Nagarathna refused to accept an Arya Samaj certificate, stating: “Arya Samaj does not have the right to issue a marriage certificate. That is the job of the authorities. The impact of COVID-19 on our world and is impacting cultures, practices and rites around the world in almost every country cannot be overstated. One industry that has been particularly hard hit is the wedding industry, particularly in India. Economic, health and temporal concerns are driving more and more people to abandon elaborate traditional marriages and opt for Arya Samaj marriages. Unlike a typical Hindu wedding (which can last up to five days; can last at least a year; plan; and cost an exorbitant sum), arya samaj weddings can be performed in less than 2 hours and affect far fewer people. Such a ceremony may be preferable and more expedient for U.S. citizens who want to marry someone from India but do not have the luxury of staying in India for long periods of time. Others go through arya samaj marriages when they want to marry immediately or want to marry privately because they do not have their parents` consent. It is important to understand that an Arya Samaj marriage certificate is not valid proof of the couple`s marriage abroad. The certificate has value only in India. However, this problem can be easily solved by registering the marriage in the registry office.
It`s also worth noting that if you get the certification in a local language, you`ll need to translate it into English to use as proof in countries other than India. Therefore, a judicial marriage is preferable for couples who want to live or work abroad. The Supreme Court had declared that in relation to an Arya Samaj marriage, the Hindu Marriage Act and the Arya Samaj Marriage Validation Act 1937 were sufficient to assert themselves. During that trial, the Madhya Bharat Arya Pratinidhi Sabha, who was one of the parties to the case, had argued that the Madhya Pradesh Supreme Court order, which had denied the validity of an Arya Samaj certificate, deprived the temples of Arya Samaj of the power to issue marriage certificates. The case is still pending before the Supreme Court. An Arya Samaj wedding resembles a Hindu wedding ceremony and involves a sacred fire. It derives its validity from the Arya Samaj Marriage Validation Act of 1937 as well as the provisions of the Hindu Marriage Act of 1955. A groom 21 years of age or older and a bride 18 years of age or older can obtain a marriage certificate from the Arya Samaj. The marriage certificate is issued by each Arya Samaj temple after the ceremony has been performed according to Vedic rituals. The Arya Samaj is against idolatry and image worship, animal sacrifice, Shraddha (rituals in the name of ancestors), caste is based on birth rather than merit, untouchability, child marriage, pilgrimages, priestly crafts and temple sacrifices.
The Supreme Court on Friday refused to accept a marriage certificate issued by Arya Samaj while considering an application for bail from a defendant against whom an FIR has been registered for kidnapping and raping a minor. Let`s take a look at what the Supreme Court has said and what its implications are. “Arya Samaj has no right to issue a marriage certificate,” the Apex court said. In another similar case, the Supreme Court in Allahabad ruled on July 30. He began an investigation into certificates issued by a “Pradhan” from the Arya Samaj temple. The court issued this order while hearing a criminal complaint from one Kapil Kumar who argued that he had solemnly married the girl and that, therefore, the FIR filed against him was legally wrong. “What worries us is the issuance of a marriage certificate by Santosh Kumar Shastri in relation to people he does not even know or who are identified by a responsible person. The said Santosh Kumar Shastri issued certificates which form the basis for marriage registration or for other similar purposes. In most of these cases, the girls are minors and based on the Aadhar card, marriages are registered,” the court said. “Arya Samaj does not have the right to issue a marriage certificate. That is the job of the authorities. Show the real certificate,” a holiday bank told Judge Ajay Rastogi and B V Nagarathna as they heard a petition from a man who had been denied bail by the Rajasthan Supreme Court in a rape case.
Recent Comments