IS MARRYING WITH THE ARYA SAMAJ PROCEDURE LEGAL IN INDIA ?

October 28, 2022

The Arya Samaj marriages could be performed by the couples from different communities who belong to the Hindu religion, including people practising Buddhism, Sikhism or Jainism. The marriage in the Arya Samaj Temple is carried out in accordance with the vedic traditions. For detailed information, it is advised to seek legal opinion from Lawyers In Noida.

Arya Samaj marriage is, in fact, similar to the Hindu marriages as it takes place over a fire. It is also legally recognised as per the Arya Samaj Marriage Validation Act of 1937 under the Hindu Marriage Act, 1955.

Kinds of Marriage Registrations-

The marriages in the Arya Samaj Mandir could be registered under the Hindu Marriage Act, 1955, if the parties belong to the same faith.
If the parties belong to different faiths, their marriage could be registered under the Special Marriage Act, 1954.

Eligibility for the Arya Samaj Marriage?

The following conditions are required to be followed to have their marriage solemnised in the Arya Samaj Mandir-

The groom shall be 21 years old while the female should be at least 18 years old.
A person who is a Hindu, Sikh, Buddhist or Jain can perform their marriage in the Arya Samaj Mandir.
Any person not belonging to the Muslim, Christian, Parsi or Jews community can also have his marriage solemnised in the Arya Samaj Mandir.
Inter-caste marriage and inter-religious marriages are allowed in the Arya Samaj Mandir, however, none of the parties shall be a Muslim, Christian, Parsi or Jews.
In case a non-Hindu wishes to have his marriage solemnised in the Arya Samaj Mandir, he would have to first convert through the process called Shuddhi.

Procedure for registration in Arya Samaj Mandir-

An appointment with the sub-divisional magistrate’s office is to be made, it is advised to start this procedure before the marriage takes place, as it may take a fortnight.
Fill the registration form
The documents and the proof shall be submitted.
Two passport sized photos of the bride and the groom and one of the marriage is also required. An invitation card to the marriage could also be submitted.
Two witnesses are also required to be physically present to sign. The attestation by a gazetted officer is also required.

After fulfilling the required formalities, the magistrate’s office will issue the marriage certificate, which is legally valid as per the court.

Documents required

4 copies of the colored photographs of both the bride and the groom.
Proofs of the date of birth and the address proof of both the parties.
Two witnesses to witness the wedding.
If one of the parties is a widow/er, then the death certificate’s copy of the previous spouse is also required to be submitted.

Advantage of marrying as per the custom of the Arya Samaj Mandir-

The marriage solemnised in the Arya Samaj Mandir is cost-effective as the Mandir charges little fees to conduct the marriage.
The entire marriage could be conducted within a few hours only.
Two witnesses are enough to validate the marriage, they may be the siblings, parents, friends or any other known of the parties.
One can plan the wedding within 30 minutes and then go to the Mandir to have their marriage solemnised.

Validity of the Arya Samaj Certificate

The certificate from the Arya Samaj MAndir is not a valid document under the International law. The marriage certificate issued by the Sub-registrar is the only document which is valid. In case the parties are both Hindus, an Arya Samaj marriage could be registered under the Hindu Marriage Act at the respective office.

Conclusion

From the above article it could be inferred that, a marriage solemnised by the Arya Samaj Mandir traditions is legally valid provided the conditions necessary are fulfilled. For further information, you can contact a Matrimonial Lawyer In Gurgaon or a Matrimonial Lawyer In Delhi. Lead India offers you a team of experienced advocates who have been successfully dealing with issues involving court marriages, marriage registrations, etc. and could provide you with required legal assistance or advice.