Arya Samaj Mandir Shimla
Arya Samaj Mandir Shimla In the said case the High Court of Uttarakhand observed that the Arya Marriage Validation Act, 1937 did provide for the grant of a marriage certificate nor authorised any person to do so. It was thus held that a marriage certificate issued by any Arya Samaj Mandir had no legal effect, except if a certificate was given by the person issuing the marriage certificate that he was a witness to the marriage.
Arya samaj marriages cannot get cancelled or divorce cannot happen in the arya samaj mandir, it only need to happen in the court, mandir are not proper authority to file an application for divorce. The divorce decree issued by the court is valid all around the globe.
June 30 2017 Union of India and another v. Deoki Nandan Aggarwal, AIR 1992 SC 96 and Balram Kumawat v. Union of India, (2003) 7 SCC 628, a single judge pass certain rule and directions when couple opt to marriage through arya samaj. So it was challenged by the gwalior bench of madhya pradesh that already rules have been issued by the arya samaj authorities and its their internal matter and contrary to the laws of the arya samaj validation act,1937. Therefore the decision of the single judge was not upheld and also said that he is not competent to issue such directions. Thus the court does not have any authority to issue any directions or rules when persons want to marry through arya samaj.
When the marriage is unregistered and for the divorce wife wishes to apply husband is not giving any respond to the wife then wife without the consent of husband can file the case on the ground of cruelty or for the demand of dower. Points stated should be backed by proper evidence to prove on mental cruelty.
Documents required for solemnisation of Arya Samaj Marriage
- 4 copies of coloured photograph of both bride and the groom
- Date of birth proof and address proof of both marrying parties.
- Bride and groom should be of competent age. 18 for bride and 21 for groom.
- Standing of two witnesses to witness the holy ceremony.
- In case where a marrying party is divorced, then, certified copy of divorce certificate issued by the court.
- In case where a marrying party is a widow, the death certificate of the dead spouse.
- Where a marrying party is a foreign citizen or holding a foreign passport or is having foreign residential address- Certificate of present marital status of the party/No Impediment Certificate/ NOC from concerned Embassy and Valid VISA
