Arya Samaj marriage certificates not legally valid: Supreme Court

The Supreme Court on Friday refused to accept a certificate issued by the Arya Samaj as proof of marriage. While hearing a bail petition in a rape case, the apex court said that issuing such certificates was not the job of Arya Samaj.

“Arya Samaj has no business giving marriage certificate. This is the work of authorities. Show the real certificate,” a vacation bench of Justice Ajay Rastogi and B V Nagarathna said while hearing a petition of a man who had been denied bail by the Rajasthan High Court in a rape case. The man has been charged with kidnapping and raping a minor girl.

The court said this while rejecting the submissions of the counsel that the victim who had levelled allegations of rape was a major girl and that the petitioner and the girl had got married at Arya Samaj.

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“We have heard the learned counsel for the petitioner and find no reason to interfere in the order impugned at this stage. However, after the charges are framed, the petitioner is at liberty to renew his application for bail before the trial court,” the bench said in its order.

MP body challenges HC order

The development comes amidst a plea pending in the Supreme Court of the Madhya Bharat Arya Pratinidhi Sabha’, the nodal body of Arya Samaj temples in Madhya Pradesh, which has challenged a December 17, 2021, order of the Madhya Pradesh High Court directing it to solemnise marriage in accordance with the Special Marriage Act, 1954.

The High Court order said that no one other than the competent authority under the 1954 Act can issue certificates in such marriages.

Upholding a single judge decision, the Supreme Court bench of Justices K M Joseph and Hrishikesh Roy had issued notice as well as stayed the operation of the High Court order. It asked the Arya Pratinidhi Sabha to amend within a month its August 2016 guidelines by incorporating the provisions of Sections 5. 6. 7. and 8 of the Special Marriage Act.

Allahabad HC orders inquiry

In yet another similar case, the Allahabad High Court on May 30 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 the FIR lodged against him was bad in law.

However, the court expressed doubt over the petitioner’s claim of marriage, which was based upon a marriage certificate issued by one Santosh Kumar Shastri claiming himself to be Pradhan of Arya Samaj of an Allahabad colony.

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“What troubles us is the issuance of marriage certificate by Santosh Kumar Shastri in respect of persons, who are not even known to him nor are identified by any responsible person. The said Santosh Kumar Shastri has been issuing certificates, which forms the basis for registration of marriage or for other similar purposes. In most of the these matters the girls are minor and on the basis of Aadhar Card the marriages are being registered,” the court said.

In view of the large number of petitions being filed based only upon the Aadhaar Card, the court then ordered an inquiry into the matter.