Witnesses In Arya Samaj Mandir Marriages Must Be Genuine And Bonafide: Delhi High Court

The Delhi High Court has declared as void a marriage solemnized between a woman and her real uncle in an Arya Samaj Mandir after a false affidavit was given by the man stating himself to be unmarried when he had a wife and son.

A division bench comprising Justice Prathiba M Singh and Justice Amit Sharma saw the photographs of the marriage and noted that apart from the couple, nobody was present in the ceremony except one pujari.

“The validity and sanctity of such marriages is completely suspect,” the court said while dealing with a habeas corpus plea moved by the woman's father.

The court directed the Arya Samaj Mandir to henceforth ensure that when witnesses are produced for any marriage, they are genuine and bonafide witnesses, whose status can be verified properly.

“The temple shall endeavour to call at least 1 witness who is a relative, from both the sides, i.e, the bride and the bridegroom and if there is no relative, some acquaintance who knows the parties concerned for a reasonable period of time shall be permitted to become a witness,” the court said.

“A copy of the present order be sent to the Chief Secretary, GNCTD for necessary information and to take appropriate measures in this regard,” it ordered.

The father alleged that the uncle, who was the woman's foofa, was prohibiting him from meeting his daughter. A complaint was filed by the father as well as the woman's bua, the wife of the uncle.

The bench noted that the marriage certificate revealed that the man had declared himself as being “unmarried”. It said that the manner in which the man falsely declared himself to be unmarried in the marriage certificate issued by Arya Samaj Mandir, in order to marry the woman, was clearly contrary to law.

“Since, the marriage itself has been solemnised on the basis of the false affidavits, it has no standing in the eyes of the law,” the court said. 

While holding the marriage void, the court clarified that in the disputes the man's first wife may avail of her remedies in accordance with law.

As the man informed the court that he wanted to seek divorce from his first wife, the bench said that he has to avail of his remedies in accordance with the law.

The court said that the first wife's complaint against the man may be proceeded with and action be taken in accordance with law.

Title: MUKESH KUMAR SEN v. STATE NCT OF DELHI & ORS.

Citation: 2024 LiveLaw (Del) 941

Click here to read order