Allahabad High Court Expresses Surprise At Issuance Of Marriage Certificates By Arya Samaj/ Gurudwaras/ Temples

The Allahabad High Court has expressed its 'surprise' over the issuance of marriage certificates by various private institutions like Arya Samaj, Gurudwaras and Temples.

A bench of Justice Arvind Singh Sangwan and Justice Shiv Shanker Prasad also directed a signatory of Arya Samaj in Prayagraj to appear before it along with the documents regarding performance and registration of such marriages.

The Court passed this order while dealing with a criminal writ petition filed by one Madhu (petitioner no. 1) and her alleged husband (petitioner no. 2) for quashing an FIR lodged under Sections 363, and 366 IPC. The relatives of petitioner no. 1 (girl) had lodged the said FIR against petitioner no. 2 (boy).

It was the petitioners' case that though it is mentioned in the FIR that the age of petitioner no.1 is 17 years and 6 months, however, as per the AADHAAR Card, she is a major and has performed marriage with petitioner no.2 at Arya Samaj George Town, Prayagraj in February this year and now, both of them are living together as husband and wife out of their own free-will.

Noting that the matter requires consideration, the Court issued notices to the opposite parties and asked them to file a counter affidavit within six weeks.

However, before adjourning the case for the next hearing, the Court was 'surprised' that similar types of marriage certificates were issued by various private institutions like Gurudwara or Temple.

The Court noted that it was not clear whether, at the time of marriage, the petitioners had given any disclosure before the concerned authority who had issued the marriage certificate that an F.I.R. had already been registered against petitioner no.2 on 21.02.2024.

The Court also observed that it was not clear as to what type of documents were maintained by the concerned institution before the registration of marriage.

In view of this, the Court called upon the signatory of the marriage certificate in the instant case along with the documents regarding the performance and registration of such marriages. The Court also asked the said signatory to file his affidavit explaining whether it was informed to them that an FIR had already been registered before the registration of marriage in the Temple.

The case is listed for hearing next on April 10, 2024.

Issuance of certificates by Arya Samaj has regularly been questioned by the High Courts and even the Supreme Court. In June 2022, refusing to accept a marriage certificate issued by Arya Samaj while considering the bail application of an accused against whom FIR was registered for offences relating to the kidnap and rape of a minor, the Supreme Court had orally remarked that Arya Samaj has no business giving marriage certificate.

In November 2022, the Allahabad High Court observed that Marriage Certificates issued by Arya Samaj have no statutory force. It was further held that in the absence of a valid marriage, the marriage certificate of Arya Samaj is not proof of a valid marriage.

In August 2022 too, the Allahabad High Court took a dim view of the way Arya Samaj organizes marriages as it observed that the 'Samaj' has misused their beliefs in organizing the marriages without even considering the genuineness of documents.

In June 2022, the Allahabad High Court ordered an inquiry into the certificates issued by a 'Pradhan' of Arya Samaj temple.

In April last year, the Allahabad High Court directed the 'Sarvadeshik Arya Pratinidhi Sabha', the apex body of the Arya Samaj, to introspect and issue guidelines to avoid solemnising marriages involving minors.

Case title - Madhu And Another vs. State Of Up And 2 Others

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