Certificate Issued By Arya Samaj Alone Doesn't Prove Marriage: Allahabad HC Takes Dim View Of Its Way Of Organising Marriages

The Allahabad High Court recently 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.

The bench of Justice Saurabh Shyam Shamshery further held that the certificate issued by Arya Samaj alone doesn't prove the legality of a marriage. With this, the Court dismissed a Habeas Corpus Plea filed by the husband to regain his wife.

The case in brief

Essentially, the Husband had moved the instant Habeas Corpus seeking the presence of his wife before the Court. The Counsel for the petitioner/Husband placed reliance upon a certificate issued by Arya Samaj, Kanpur Nagar as well as certain photographs to prove that the corpus is the legally wedded wife of the petitioner.

On the other hand, the girl disputed the validity of the marriage as she gave a written statement to police authorities wherein she denied the fact of marriage and further stated that she is willingly residing with her parents.

In view of this, the Court, while emphasizing that the Court is flooded with the marriage certificates issued by different Arya Samaj Societies, noted that the genuinity of such certificates have been questioned during different proceedings before the Allahabad HC as well as by other High Courts.

Otherwise also, the Court held that the habeas corpus is a prerogative writ and an extraordinary remedy and that it cannot be issued as a right but only on reasonable grounds or probability is shown.

"The petitioners have other remedies available for the purpose under criminal and civil law, therefore, the present writ petition for habeas corpus at the behest of the husband to regain his wife as corpus is not maintainable as a matter of course, ignoring that the marriage cannot be deemed to be solemnized," the Court further observed.

Consequently, holding that the corpus is a major and is residing with the parents of her own will and she has already given a statement to the police authorities that she does not want to live along with petitioner No.2, therefore, the Court found no case to issue a writ of habeas corpus. The petition stands dismissed.

In related news, the Allahabad High Court had recently ordered an inquiry into the certificates issued by a 'Pradhan' of Arya Samaj temple. The Court issued this order while hearing a criminal writ petition filed by one Kapil Kumar who argued that he had solemnized marriage with the girl and therefore, lodgement of FIR against him was bad in law.

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

Read more about the case here: Can 'Arya Samaj Vivah Mandir Trust' Solemnize Marriage Between Hindu Boy & Muslim Girl?: Madhya Pradesh HC To Examine

The Supreme Court had, in June 2022, 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 - Smt. Neelam Sharma And Another v. State Of U.P. And 5 Others [HABEAS CORPUS WRIT PETITION No. - 635 of 2022]

Case Citation: 2022 LiveLaw (AB) 416

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