The MP High Court has ruled that an Arya Samaj marriage certificate is not valid proof of a Hindu marriage without evidence of essential rituals like Saptapadi. The judgment reinforces that ceremonies, not certificates, determine marital validity.
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MADHYA PRADESH: In a ruling reinforcing the sanctity and procedural requirements of Hindu marriage, the Gwalior Bench of the Madhya Pradesh High Court held that a marriage certificate issued by an Arya Samaj Mandir cannot, by itself, prove a valid Hindu marriage unless essential ceremonies, particularly Saptapadi (seven steps around the sacred fire), are established through evidence.
The Division Bench of Justice Anand Pathak and Justice Hirdesh set aside a Family Court decision that had accepted the Arya Samaj marriage certificate as sufficient proof of marriage.
This judgment aligns with the Supreme Court’s recent ruling in Dolly Rani v. Manish Kumar Chanchal (2025), which clarified that performance of mandatory ceremonies, not documentation, is the real test of a valid Hindu marriage.
Background of the Case
The appeal was filed by the legal heir (son) of a 75-year-old retired Company Commander who had originally instituted a suit seeking a declaration that the respondent was not his legally wedded wife.
Plaintiff’s Allegations
The plaintiff stated that after the death of his wife, he published an advertisement seeking a bride for his son. According to him, the respondent took advantage of his loneliness and manipulated the situation to fabricate a false marriage.
He alleged that she obtained a “fake and forged” Arya Samaj marriage certificate dated 26 March 2012. The plaintiff further maintained that the respondent already had a subsisting marriage with another individual and had also been previously married, thereby invalidating any claim of marriage with him.
Respondent’s Stand
In response, the respondent asserted that she had legally married the plaintiff in accordance with Arya Samaj rituals, including the essential ceremony of Saptapadi. She relied on several documents to support her claim, such as the Arya Samaj marriage certificate, the municipal registration record, photographs, and testimony of witnesses. She firmly denied being married to any other individual at the time and rejected all allegations regarding any previous or ongoing marriages.
The Family Court had accepted her version and dismissed the plaintiff’s suit on 2 September 2024.
Issue Before the High Court
Was there a valid Hindu marriage under Section 7 of the Hindu Marriage Act, 1955?
The High Court focused on whether essential ceremonies, especially Saptapadi, were performed.
Under Section 7 HMA, a Hindu marriage is valid only if it is “solemnized” by performing customary rites and ceremonies. When Saptapadi is part of the ceremony, the marriage becomes complete only upon the seventh step.
Arguments Before the High Court
Appellant’s Contentions
Senior Advocate Harish Dixit argued that:
- The respondent and her witnesses did not mention performing Saptapadi.
- No evidence of sacred fire, pheras, or Vedic rituals was produced.
- Arya Samaj certificate is not proof of solemnization.
- Relied heavily on Dolly Rani v. Manish Kumar Chanchal (2025), where the Supreme Court held: A marriage certificate alone is insufficient; the actual performance of rituals must be independently proved.
Respondent’s Contentions
Advocate Madan Mohan Shrivastava submitted that:
- Marriage was performed as per Vedic and Arya Samaj rituals.
- The Arya Samaj institution was recognized.
- Marriage certificate and municipal registration were valid proof.
- Distinguished the present matter from the Dolly Rani case.
Court’s Analysis and Findings
The High Court rejected the respondent’s claim, emphasizing:
1. Absence of Evidence of Rituals
- Witnesses from the Arya Samaj did not state that Saptapadi was performed.
- Photographs did not show sacred fire or pheras.
- No evidence that parties followed Arya Samaj customs or that the Arya Marriage Validation Act procedures were followed.
2. Marriage Certificate Is Not Conclusive Proof
The Supreme Court stated:
Unless a marriage is performed with appropriate ceremonies and in due form, it cannot be said to be “solemnized.”
3. Marriage as a Sacrament
The Bench remarked:
“Marriage is not an event for mere song and dance or wining and dining. Hindu marriage is conducted as per Vedic procedure.”
4. Burden of Proof Not Met
The respondent failed to establish:
- Performance of Saptapadi
- Existence of sacred fire
- Compliance with Section 7 HMA
Thus, the Arya Samaj certificate could not confer marital status.
ALSO READ: Wife’s Past Marriage Can’t Block Maintenance: Allahabad HC’s Big Ruling
The High Court allowed the appeal and set aside the Family Court’s judgment dated 2 September 2024. It declared that the respondent was not the legally wedded wife of the original plaintiff, holding that
“An Arya Samaj marriage certificate, along with a municipal registration entry, was insufficient to prove a valid marriage in the absence of evidence showing the performance of essential rituals. “
The Court also issued a decree of permanent injunction restraining the respondent from interfering in the personal life of the plaintiff or claiming any marital rights against him.
Case Title:
BRAHMSWAROOP SHARMA (DEAD) THROUGH LR ASHWINI KUMAR Versus SMT KIRAN SHARMA
FIRST APPEAL No. 1998 of 2024
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