Can 'Arya Samaj Vivah Mandir Trust' Solemnize Marriage Between Hindu Boy & Muslim Girl?: Madhya Pradesh HC To Examine

The Madhya Pradesh High Court is set to examine the question as to whether a self-styled Trust allegedly registered as Arya Samaj Vivah Mandir Trust can solemnize marriage between a Hindu boy and a Muslim girl.

Hearing the writ petition filed in the nature of habeas corpus, a division bench of Justice Rohit Arya and Justice M.R. Phadke raised the following queries and appointed an Advocate of the Court seeking his assistance with relevant literature and recitals of holy Kuran:

- Whether a self styled Trust allegedly registered as Arya Samaj Vivah Mandir Trust can solemnize marriage between a Hindu boy and a Muslim girl?

- Whether the said Trust has authority in law to issue marriage certificate?'

- Whether the said Trust in its aims and objects can indulge in such activities?

- Whether the bylaws of the alleged Trust are duly ratified by the Registrar Public Trust or either under any Public Trust Act or other Act as the document doesn't reflect so ?

- Whether on a mere declaration on affidavit or a notarized affidavit the Trust can convert religion of a Muslim girl as Hindu ?

- Whether the alleged Arya Samaj Vivah Mandir Trust by itself can be held to be an Arya Samaj Mandir which is solely for the purposes of solemnization of marriage having no affiliation or permission by the State/National body of the Arya Samaj Mandir? 

Taking into account the facts of the case, the Court additionally raised the following queries:

- Whether the alleged Arya Samaj Vivah Mandir Trust can accept such affidavit without verification and issue a certificate of marriage between the petitioner and Ms. Hina Khan daughter of Shri Istayak Khan endorsing conversion ?

- Whether the affidavit of Ms. Hina Khan, resident of House No.34, Ward No.9, Mohalla Pichhore Shivpuri (M.P.) allegedly sworn before the President/Secretary Arya Samaj Vivah Mandir Trust Ghaziabad has evidentiary value as regards conversion from Muslim community to Hindu community and vice versa?

- Whether the aforesaid act of seeking a declaration of conversion of Ms. Hina Khan from the Muslim community to the Hindu community and thereafter solemnization of marriage with petitioner tantamounts to an illegal activity which may have severe penal consequences?

- Whether such kind of vulnerable activity of so-called Arya Samaj Mandir has a serious impact on public order disturbing the social fabric of the society?

- Whether an extensive inquiry by a senior police official is warranted into the conduct and affairs of the aforesaid alleged Arya Samaj Vivah Mandir Trust Ghaziabad as the vulnerability of the alleged Act of conversion of the marriage is well evident from the fact that the petitioner and Ms. Hina Khan, residents of Shivpuri are said to have solemnized the marriage in Ghaziabad (U.P.) and there is no identification or verification of their status by known persons?

Before the Court, the Additional Advocate General also referred to an order of the Allahabad High Court wherein the Court had taken note of similar types of vulnerable activities and had ordered a high-level inquiry in the context of solemnization of marriages by such so called Arya Samaj Vivah Mandirs.

Read more about the order here: "Court Flooded With Such Certificates" Allahabad HC Orders Probe Into Marriage Certificates Issued By 'Pradhan' Of Arya Samaj

It was further told to the Court that situation is also alarming in Madhya Pradesh as hundreds of indiscriminate marriage certificates are being issued to young boys and girls by such marriage shops on payment of huge amount without verification of their age and identities and no record, thereof is maintained.

Therefore, it was prayed that MP HC may also consider to appoint a high-level police inquiry into the affairs of the instant Arya Samaj Vivah Mandir Trust/respondent No.6. However, the Court deferred the hearing in the matter at the instance of counsel for respondent No.6 who prayed for time to seek instructions.

Now the matter has been listed for further hearing on July 28, 2022.

In related news, the Supreme Court earlier this month refused 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 kidnap and rape of a minor under Sections 363, 366A, 384, 376(2)(n), 384 IPC and Section 5(L)/6 of the POCSO Act.

Case title - RAHUL ALIAS GOLU v. THE STATE OF MADHYA PRADESH

Click Here To Read/Download Order