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Arya Samaj Marriage Certificate Invalid

Arya Samaj Marriage Certificate is Invalid

Supreme Court says Arya Samaj Marriage Certificate is Invalid. You must have heard about Arya Samaj, which is a very strong approach in Western India and in this world. And often you also see that if someone has to get married. Especially love marriage and that too if the marriage is inter-caste, then these couples especially take the support of Arya Samaj.

The reason these couples resort to Arya Samaj to get married is that it costs very little to get married and there are very few formalities. And in a very short time and in a very simple way you can get married in Arya Samaj. So one such news is going on these days which is related to Arya Samaj. The case is going on in the Supreme Court, in which the Supreme Court has clearly stated that the marriage certificate given by Arya Samaj is invalid/Arya Samaj Marriage Certificate is Invalid.

The Supreme Court said that Arya Samaj has no business to issue marriage certificates. We should get the marriage certificate done by a legal authority. So much significance comes out of this, so let us see why the Supreme Court said Arya Samaj Marriage Certificate is invalid, What did it say?, and Which legal provisions are related to it?

News or opinion of Supreme Court about the Marriage certificate of Arya Samaj

• The Supreme Court refused to accept a marriage certificate issued by Arya Samaj/ Supreme court said Arya Samaj Marriage Certificate is invalid.

• SC Held- ” Arya Samaj has no business giving marriage certificate. This is the work of authorities. Show the real certificate. “

Arya Samaj

-Founded by Swami Dayanand Saraswati

-The marriages are performed as per Vedic Rituals

-Weddings are conducted as per the Arya Marriage Validation Act of 1937.

2016 Guidelines of Sabha

• By way of the Guidelines dated 26.08.2016, the Sabha directed all Arya Samaj temples affiliated to it to comply with the Hindu Marriage Act, 1955 and to strictly follow the procedure laid down therein with respect to the proof of age of the parties and their mutual consent.

• Madhya Pradesh High Court ordered the Sabha to amend its Guidelines dated 26.08,2016, by incorporating the provisions of Section 5, 6, 7, and 8 of the Special Marriage Act, within a month’s time.

Section 4 of Special Marriage Act – Conditions relating to solemnization of special marriages

* ( a ) neither party has a spouse living :

* ( b ) neither party –

 (i) is incapable of giving a valid consent to it in consequence of unsoundness of mind

 (ii) has been subject to recurrent attacks of insanity

* ( c ) the male has completed the age of twenty-one years and the female the age of eighteen years.

* ( d ) the parties are not within the degrees of prohibited relationship.

Section 5 of the Special Marriage Act– Notice of intended marriage.

• When a marriage is intended to be solemnized under this Act, the parties to the marriage shall give notice thereof in writing in the form specified in the Second Schedule to the Marriage Officer of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given.

Section 7 of the Special Marriage Act– Objection to Marriage

( 1 ) Any person may, before the expiration of thirty days from the date on which any such notice has been published under sub – section – ( 2 ) of section 6, object to the marriage on the ground that it would contravene one or more of the conditions specified in section 4.

Section 8 of the Special Marriage Act– Procedure on receipt of Objection.

( 1 ) If an objection is made under section 7 to an intended marriage, the Marriage Officer shall inquire into the matter of the objection within thirty days from the date of the objection • If he is satisfied that Objection ought not to prevent the solemnization of the marriage then only he will solemnize the marriage.

( 2 ) If the Marriage Officer upholds the objection and refuses to solemnize the marriage, either party to the intended manage may. within a period of thirty days from the date of such refusal, prefer an appeal to the district court within the local limits of whose jurisdiction the Marriage Officer has his office, and the decision of the district court on such appeal shall be final, and the Marriage Officer shall act in conformity with the decision of the court.

Section 12 of the Special Marriage Act- Place and form of solemnization.

• ( 1 ) The marriage may be solemnized at the office of the Marriage Officer, and on the payment of such fees prescribed. ( 2 ) The marriage shall not be complete and binding on the parties unless each party says to the other in the presence of the Marriage Officer and the three witnesses and in any language understood by the parties, – “, ( A ), take my lawful wife ( or husband ) “.

Section 13 of the Special Marriage Act – Certificate of marriage.

( 1 ) When the marriage has been solemnized, the Marriage Officer shall enter a certificate in a book to be kept by him for that purpose – called the Marriage Certificate Book and such certificate shall be signed by the parties to the marriage and the three witnesses. – ( 2 ) the Certificate shall be deemed to be concluded evidence of the fact that a marriage under this Act has been solemnized.

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