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Delhi High Court prohibits five Arya Samaj temples from conducting marriages of couples

New Delhi: The Delhi High Court has prohibited five Arya Samaj temples in Yamuna Bazaar of Old Delhi from conducting marriages of lovers.  Such marriages  will not be legally valid, the high court said.

New Delhi: The Delhi High Court has prohibited five Arya Samaj temples in Yamuna Bazaar of Old Delhi from conducting marriages of lovers.  Such marriages  will not be legally valid, the high court said.

The five temples are: Sevak Mandal Arya Samaj on Hanuman Road, Arya Saaj Vaidik Prachar Saiti, Arya Samaj Vaidik Marriage Mandal, Arya Samaj Mandir Seva Saiti and Arya Samaj Vivah Mandir Trust.

The High Court has sent notices to all these five seeking reply. A lawyer on behalf of Delhi Arya Pratinidhi Sabha told the High Court that these five vodies have not taken affiliation from the Sabha for conducting marriages, nor do they have records of marriags.

Justice Heema Kohli fixed the next date of hearing on November 19.

The case arose after Sunil Kumar alongwith her beloved eloped in 2010 and married at an Arya Samaj Temple in Yamuna Bazar. Later they filed a plea in court saying they feared for their lives.

During hearing, it was found that the girl was a minor.

The High Court also observed that some of these temples issue false certificates of religious conversion. The court also directed the DCP of the area to investigate all documents issued by these temples in the last three years.

The court has also directed checking of all bank accounts, persons operating those accounts and the source of funds.

Visit Delhi Arya Samaj Head Office Only – Madhya Pradesh High Court Ban Arya Samaj Marriage in Madhya Pradesh

HC issues norms for Arya Samaj marriages

Holding that marriages performed without parents’ consent were creating social problems, the Madhya Pradesh High Court has issued detailed guidelines to Arya Samaj temples, a favourite place where couples in hurry usually tie the knot.

The Gwalior Bench said that it had come to its notice that teenage girls were getting married and Arya Samaj temples were issuing certificates causing tensions in

families.

In his brief order, Justice N K Mody asked the Arya Samaj temple managements to take written applications from the would-be bride and groom and fix the marriage date at least a week later.

The management should inform both sets of parents by a registered intimation the date and time of the proposed ceremony as also to the police station and district collector in whose jurisdiction the would-be groom and bride reside.

The judge said that at least five relatives from each side should be present at the time of the marriage.

The order came on habeas corpus petition filed by a 28-year-old resident of Gwalior who wanted the custody of his 21-year-old wife.

The woman told the court that it was true that she married on April 5 at an Arya Samaj temple in Gwalior but insisted that it was “under undue influence”. She said that only a priest and a photographer were present but no relative or friend was present.

Visit Delhi Arya Samaj Head Office Only – Uttrakhand High Court Ban Arya Samaj Marriage in Uttarakhand

Uttarakhand high court bars Arya Samaj from issuing marriage certificates

DEHRADUN: In a significant judgment, the Uttarakhand high court has ruled that the Arya Samaj is not legally authorized to issue marriage certificates to couples after solemnization marriages.

 A bench of Chief Justice Barin Ghosh and Justice Sarvesh Kumar Gupta delivered the judgment on Tuesday on a Public Interest Litigation filed by Nainital resident Anant Naithani.

The PIL had challenged the validity of marriage certificates issued by Arya Samaj saying as there was no provision under the Arya Samaj Marriage Validation Act of 1937 allowing it to issue such certificates. Such certificates should be treated as illegal, it pleaded.

 Arya Samaj is the only non-judicial socio-cultural organization that issues certificates after solemnizing marriages at Arya Samaj temples.
The bench said those who participate in these ceremonies can be treated as witnesses to testify on the veracity of the marriage in court but certificates can only be issued by a legally competent officer as laid down by the Hindu Marriage Act.

Visit Delhi Arya Samaj Head Office Only – Kerala High Court Ban Arya Samaj Marriage in Kerala

Arya Samaj weddings legal only for followers: Kerala HC

KOCHI: The Kerala high court has ruled that the Arya Samaj cannot conduct marriages between people if they are not followers of the samaj and it will not be legally valid if it takes place.

Arya Samaj mandirs are found in all Indian cities and towns and solemnize love, arranged, inter-religion and inter-caste marriages.

The ruling was given by a division bench of justices Pius C Kuriakose and P D Rajan while considering the case of a Muslim woman and a Hindu man who married at an Arya Samaj mandir in Kozhikode on December 28 last year.

The court was considering a habeas corpus petition filed by father of the girl Raihana (name changed), alleging that his daughter was being illegally detained.

Appearing in court, Raihana told the judges that she was married and was living with the man.

Disagreeing to accept their marriage as valid, the court said, “We have carefully examined the certificate of marriage as well as pramanapathram. Neither claimed before us that they are Arya samajists. The man told us that he continues to be a Hindu while Raihana told us that she believes in both religions. Having regard to the Arya Marriage Validation Act, 1937, it is very clear to our mind that it is not a valid marriage.”

When the couple told the court that they were in love and wanted to marry at any cost, they were told to get married according to the Special Marriage Act. It is the statute for solemnization of marriage between people of different religions.

Visit Delhi Arya Samaj Head Office Only – The Khaps (Haryana) Court Ban Arya Samaj Marriage in Haryana

Khaps caution Arya Samaj temples against same-gotra weddings

Rohtak (Haryana): Notorious for pronouncing bizarre verdicts on social issues, Haryana’s community councils the khaps on Sunday asked the Arya Samaj not to solemnise at its temples weddings between couples from the same gotra (lineage) and village.

The khaps have objected to such marriages being solemnised, saying that these violated the century-old custom. The khaps have also warned Arya Samaj, a reform movement that has its own temples, that they would not hesitate to launch a state-wide stir against it if it did not stop formalising weddings within the same gotra and village.

The decision to caution Arya Samaj was taken at a meeting of Sarva Jatiya Khap held at Chhotu Ram Dharamshala in Haryana’s Jhajjar town, about 70 km away Delhi, on Sunday evening. The meeting presided over by Jai Singh Ahlawat, chief of Ahlawat Khap, was attended by various khaps of Yadav, Balmiki, Dhanak, Prajapati and Saini communities, except Jats. Om Prakash Dhankhar, chief of Dhankhar Khap, told reporters: “The Arya Samaj temples are turning out to be safe haven for those youth who wish to get married within the same gotra and village by ignoring custom.”

“Priests of Arya Samaj temples do not check anything except age proof of the couple while solemnising the wedding just to get donation for the same. They even do not try to verify whether the boy and girl belong to same clan or not, whereas the priests must keep all these things in their mind before doing so,” Dhankhar said.

He said that youths getting married this way were using the Arya Samaj to complete legal formalities of their marriage even if these were against social norms. He maintained that the khaps were not against the marriages at Arya Samaj temples but wanted the priests to call the sarpanch (village headman) or any other functionary of the village of the man and woman before formalising the wedding so as to ensure that the marriage was being solemnised as per custom.

Dhankhar said that a delegation of khap panchayats would also meet top functionaries of Arya Samaj soon to seek prevention of such marriages.”Amendment in the Hindu Marriage Act was also discussed in depth at the meeting to make a consensus among all communities to raise the issue in an efficient manner,” said the khap leader.

Khaps in Haryana, including those of Jat community, are demanding amendment to the Hindu Marriage Act, saying that marriages in the same gotra and village should not be allowed since these were against social norms. Khap leaders claim that men and women from the same gotra or village were like siblings and they could not get married.

Visit Delhi Arya Samaj Head Office Only – Rajasthan High Court Ban Arya Samaj Marriage in Rajasthan

Rajasthan HC puts breaks on Arya Samaj marriages

Quick Arya Samaj marriages which come in handy for lovers in a hurry will have to undergo changes following a Rajasthan High Court directive.

A division bench of the court has placed a ban on such marriage unless parents of both the bride and bridegroom are informed through the police.

A bench comprising justices Dalip Singh and Sajjan Singh Kothari also ruled that no love marriage through Arya Samaj will be allowed to be solemnised unless it has been approved and recommended by two distinguished person of both the sides.

It has been made compulsory that both the boy and girl produce three prominent persons as witness of the marriage from either side at Arya Samaj if their parents object to the marriage.

The court directed that in case Arya Samaj authorities decide to go ahead with the ceremony despite objections of the parents, they will have to separately record the reasons for entering into such a marriage.

Expressing displeasure over the manner in which such marriages are being conducted by the Arya Samaj in Rajasthan, the court said, “Local units have lost sight of the pious purpose of the Arya Samaj mission. These marriages land in courts, resulting in irreversible breakdowns”.

In its order, the court directed that at least six days time must be given to the parents of both side to take a conscious decision on such a love marriage.

“It takes them one hour to solemnise a marriage between an 18-year-old girl and a 38 or 40-year-old man which leaves scars forever in the life of parents. We cannot allow society to suffer due to the outcome of such marriages,” observed Justice Kothari.

The bench passed this order on a Habeas Corpus petition filed by 34-year-old Buddha Ram Meena who entered into such a marriage with 18-year-old Maina Bhatt. The parents of girl took her away when they found out.