According to the Allahabad High Court, an Arya Samaj-issued marriage certificate has no statutory force.
Under Section 9 of the Hindu Marriage Act of 1955, a man requested relief for restitution of conjugal rights and provided a marriage certificate issued by Arya Samaj as proof of his marriage.
The Allahabad High Court recently observed, while dismissing a petition for restitution of conjugal rights, that the marriage certificate issued by Arya Samaj has no statutory force.
The court noted that, while marriage registration is not proof of a valid marriage in and of itself, and is not the deciding factor in the validity of a marriage, it does have evidentiary value.
The court observed that Section 5 of HMA, 1995 specifies the requirements for a Hindu marriage.
According to Section 7 of the Act, a marriage may be performed in accordance with the traditional rites and rituals of either party, such as the "Saptapadi," or the bridegroom and bride taking 7 steps together before the sacred fire. When the seventh step is completed, the marriage is thus completed and legally binding.
The court further noted that the ceremonies & rituals of "Saptapadi" had not taken place in the alleged Hindu marriage and that his litigator had failed to prove any statutory provisions permitting the Arya Samaj to issue a marriage certificate.
As a result, the court ruled that the marriage certificate issued by Arya Samaj was not proof of a valid marriage between the applicant and his alleged wife in the absence of a valid marriage.
A man had filed a suit U/S 9 of H.M.A, 1955, but it had been dismissed. The court had filed praying to set aside the decision and order passed by the family court.