Explained: Are Arya Samaj marriage certificates legally valid?

Find out the details about the legality of marriage certificates issued by Arya Samaj.

The Supreme Court on Friday refused to accept a marriage certificate issued by Arya Samaj while hearing a bail application of an accused against whom an FIR was registered on charges of kidnapping and raping a minor. Let us take a look at what the Supreme Court said and what its implications are.

An Arya Samaj marriage is similar to a Hindu marriage ceremony and involves a sacred fire. It derives its validity from the Arya Samaj Marriage Validation Act, 1937 along with provisions of the Hindu Marriage Act, 1955. A groom of age 21 or older and a bride of age 18 or older can be issued a certificate of marriage by the Arya Samaj. The marriage certificate is issued by any Arya Samaj temple after the ceremony has been conducted as per the vedic rituals.

This form of rituals is often seen within the Hindu, Buddhist, Jain and Sikh communities. Inter-caste and inter-religious marriages can also be performed in an Arya Samaj mandir provided none of the persons getting married are Muslims, Christians, Parsis or Jews.

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Issuance of a marriage certificate by any Arya Samaj sanstha is not equivalent to getting the marriage legally registered. After obtaining the certificate, the marriage has to be registered at the sub-divisional magistrate’s office under the applicable laws.

If both the bride and the groom are Hindus, a marriage certificate has to be applied for under the Hindu Marriage Act. If both are of different religions, the Special Marriage Act may apply, though the question surrounding this is still open before the Supreme Court. In any case, however, an Arya Samaj marriage certificate cannot be considered as a valid legal document by itself.

While hearing a petition for bail on Friday, the bench of Justices Ajay Rastogi and BV Nagarathna refused to accept an Arya Samaj certificate and said "Arya Samaj has no business giving a marriage certificate. This is the work of the authorities.”