Similar to a Hindu wedding, an Arya Samaj wedding involves a holy fire. Its legality is derived from the requirements of the Hindu Marriage Act of 1955 and the Arya Samaj Marriage Validation Act of 1937. The Arya Samaj will grant a certificate of marriage to a groom who is at least 21 years old and a bride who is at least 18 years old. Any Arya Samaj temple will issue the marriage certificate following the completion of the ceremony in accordance with the Vedic traditions.
The Hindu, Buddhist, Jain, and Sikh communities frequently
use this type of rite. In an Arya Samaj Mandir, inter caste and inter religious
marriages are also permitted as long as no one being married is a Muslim,
Christian, Parsi, or Jew.
Does Arya Samaj Certificate Valid:
The marriage is not legally registered, simply because an
Arya Samaj Sanstha issues a marriage certificate. The marriage must be
registered at the sub-divisional magistrate's office in accordance with the
applicable rules after receiving the certificate. According to the Hindu
Marriage Act, a marriage certificate must be requested if both the bride and
the groom are Hindus. Although the Supreme Court has not yet decided this
issue, the Special Marriage Act may be applicable if both parties practise
different religions. An Arya Samaj marriage certificate, however, cannot be
regarded as a legitimate legal document on its own.
Supreme Court Opinion:
- While considering a request for bail from a person accused of kidnapping and raping a minor, the Supreme Court declared that marriage certificates issued by the Arya Samaj are invalid and that they lack the authority to do so.
- The Supreme Court ruled that marriages solemnized by the Arya Samaj do not require registration under the Special Marriage Act in April 2022 while hearing another case from Madhya Pradesh. This does not, however, imply that Arya Samaj-officiated weddings are exempt from the requirement to be registered. According to the Supreme Court, the Hindu Marriage Act and the Arya Samaj Marriage Validation Act (AMA), 1937, are sufficient to uphold the law in the case of an Arya Samaj marriage. The Madhya Bharat Arya Pratinidhi Sabha, one of the parties in the case, stated during the proceedings that the Arya Samaj temples' ability to issue marriage certificates had been taken away by the Madhya Pradesh High Court's decision to reject the validity of an Arya Samaj certificate. The Supreme Court is still considering the case.
Arya Samaj marriages are normally not a problem in India
because they are accepted as being legitimate. When a US citizen files for his
or her spouse based on an Arya Samaj ceremony, there is a difficulty. The
number of instances where US consulates incorrectly rule that Arya Samaj
marriages are invalid and, in some circumstances, accuse the parties of fraud,
seems to be increasing. Because of this, marriage petitions based on Arya Samaj
marriages are proving to be delicate situations that call for more proof above
what is often needed.
It is advised that clients be ready to present additional
proof of relationship at the time of the visa interview as a precaution and in
accordance with the American Immigration Lawyers Association's most recent
practice tip on this matter. Although an Arya Samaj marriage is legally
binding, some officers seem to be questioning the integrity of the ceremony and
the nature of the marriage, specifically whether the parties are truly in love
with one another and intend to spend the rest of their lives together in light
of the ceremony's relative lack of formalities and the absence of many
witnesses.
The Arya Samaj marriage certificate is legitimate and
regarded as authentic, but the US consulates and the National Visa Center are
suggesting that they would not accept it because the document is not legitimate
outside of India, therefore it is also vital to be aware of this. As a result,
applicants might need to provide a marriage certificate issued by the
district's or state's marriage officer or registrar. (Section 8 of the Hindu
Marriage Act or Section 15 of the Special Marriages Act may be used to register
an Arya Samaj marriage.)
Couples mostly do Arya Samaj marriage when they want to do
love marriage. If couples live in Ghaziabad then they can do court
marriage in Ghaziabad. There is a certain difference in court marriage,
according to different states. Court
marriage procedure in Mumbai must be different from other states. For court
marriage, a couple will need a lawyer. If a couple is doing court marriage in
Delhi then a court
marriage lawyer in Delhi should be appointed.
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