Allahabad High Court rules that interfaith marriages without religious conversion are unlawful. Orders probe into Arya Samaj temples issuing illegal marriage certificates.
Prayagraj: On July 26, the Allahabad High Court ruled that interfaith marriages performed without proper religious conversion are not valid under Indian law. This observation came during a hearing of a case where a man allegedly kidnapped and married a minor girl at an Arya Samaj temple.
The case involved a petitioner named Sonu alias Sahnoor, who had filed a plea seeking to quash the criminal charges against him. He claimed that he had married the girl, who is now an adult, at an Arya Samaj Mandir, and both of them were living together as husband and wife.
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However, Justice Prashant Kumar of the Allahabad High Court rejected the petition and made strong remarks about the conduct of Arya Samaj temples.
He observed that the marriage certificate issued by the Arya Samaj temple, especially involving a minor, was not in accordance with legal procedures and thus could not be treated as valid.
The court refused to cancel the criminal charges against the man, who has been booked under sections related to kidnapping, rape, and the POCSO Act. A chargesheet had already been filed, and summons had been issued.
The court noted that
“several Arya Samaj institutions have been issuing certificates for marriages involving minors or interfaith couples without following due legal procedure.”
It further added that these institutions have been
“indiscriminately issuing marriage certificates, often for a fixed fee, without adhering to legal formalities.”
The court emphasized that
“such practices… amount to a violation of the law.”
To tackle this growing issue, the court directed the Uttar Pradesh Home Secretary to carry out a probe into the working of Arya Samaj temples and institutions.
This investigation will be led by a DCP-rank IPS officer and will focus on cases where underage couples or interfaith couples have been given marriage certificates without proper conversions or legal compliance. The court has asked for a compliance report by August 29.
The state government, while opposing the plea filed by the petitioner, highlighted that both individuals belonged to different religions and had not converted. Therefore, according to law, the marriage had “no legal standing.”
What is an Arya Samaj Marriage?
Arya Samaj marriages are Hindu weddings conducted according to the Vedic rituals and principles of the Arya Samaj, a reformist movement that promotes simplicity and purity in rituals. These weddings are generally held in Arya Samaj Mandirs and are known to be fast, affordable, and non-extravagant.
They mainly focus on core Hindu rituals like the sacred fire (Agni) and chanting of Vedic mantras.
However, Arya Samaj mandates that both individuals must be Hindu. If a person from another religion wishes to marry under Arya Samaj rituals, they are required to undergo a purification ceremony called ‘Shuddhi’ to convert to Hinduism.
Once this conversion is complete, the marriage can proceed. The age requirement for the groom is 21 years and for the bride is 18 years.
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The Arya Samaj marriage process typically involves showing documents like age proof, address proof, and photographs along with two witnesses.
After performing the Vedic rituals, a priest issues a marriage certificate. According to the Arya Samaj’s official website,
“After receiving the certificate, no one can harm you legally and cannot challenge your into the court of law.”
What Courts Have Previously Said
The Allahabad High Court has not always accepted the Arya Samaj certificate as conclusive proof of marriage.
Just a few days earlier, on July 15, Justice Manish Mathur of the Lucknow bench had ruled in another case that an Arya Samaj Mandir certificate
“alone is not a valid certificate of marriage and added that a divorce between a Hindu couple can’t be on a stamp paper.”
In the same judgment, the court referred to earlier cases including ‘Dolly Rani vs Manish Kumar Chanchal’ and ‘Shruti Agnihotri vs Anand Kumar Srivastava’, reinforcing the stance that
“Arya Samaj certificates alone cannot be accepted as conclusive proof of a lawful marriage.”
However, in an earlier ruling on April 17, the Allahabad High Court stated that if a marriage between two Hindus is performed in an Arya Samaj temple according to Hindu customs and Vedic rituals, it is valid under Section 7 of the Hindu Marriage Act, 1955.
On April 8, the court offered further clarification, saying that
“while a marriage certificate issued by Arya Samaj may not carry statutory prima facie validity, it is not mere ‘waste paper.'”
The bench added that
“such a certificate can still be substantiated during trial through the testimony of the purohit who conducted the ceremony,”
in line with the provisions of the Bharatiya Sakshya Adhiniyam, 2023.
Last year in September, the Allahabad High Court had also ordered an enquiry into Arya Samaj institutions in areas like Gautam Budh Nagar and Ghaziabad, where many marriage certificates were being issued without proper documentation.
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These directions came during hearings of protection petitions filed by young couples.
During those hearings, Justice Vinod Diwaker remarked that
“In essence, such marriages lead to human trafficking, sexual exploitation, and forced labor. Children endure emotional and psychological trauma caused by social instability, exploitation, coercion, manipulation, and the disruption of their education. Additionally, these issues place a significant burden on the courts. Therefore, a robust system for document verification and ensuring the accountability of trusts and societies needs to be developed.”
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