On November 23, the Allahabad High Court held that Marriage Certificates issued by Arya Samaj ha no statutory force. It was further held by the court that in the absence of a valid marriage, the marriage certificate of Arya Samaj is not proof of a valid marriage.

One Ashish Morya had essentially filed an application under the Hindu Marriage (HMA) Act of 1955 seeking restitution of conjugal rights with the defendant, who he claimed to be his wife. However, the defendant-respondent clearly denied any marriage between her and Ashish. His application was dismissed by the Family Court of Saharanpur. 

The High Court refused to accept the Marriage Certificate submitted by the plaintiff (Ashish) as he failed to place before the Court any statutory provisions empowering the Arya Samaj for the issuance of marriage certificates.

“Learned counsel for the plaintiff-appellant has also completely failed to place before us any statutory provisions enabling the Arya Samaj to issue a marriage certificate. Thus, we have no difficulty holding that the Marriage Certificate issued by Arya Samaj has no statutory force…in the absence of a valid marriage, the marriage certificate of Arya Samaj is not proof of a valid marriage of the plaintiff-appellant and the defendant-respondent,” the Court said.

The Court noted that it was an admitted case of the plaintiff/appellant that the rites and ceremonies of Saptapadi i.e. the taking of seven steps by the bridegroom and the bride jointly before the sacred fire through which the marriage gets complete, had not taken place in the marriage of the plaintiff with the defendant on 29.06.2021 and therefore, the court said that factum of the marriage was not proved.

As far as his plea for restitution of conjugal rights was concerned, the Court noted that since there was no proof of valid marriage, therefore, the court below had not committed any error of law to dismiss the suit.

“In our view, the existence of a valid marriage is a precondition to ask for relief of restitution of conjugal rights. In the absence of proof of a valid marriage, under the facts and circumstances of the case; the court below has not committed any error of law to dismiss the suit observing that merely getting a marriage certificate from Arya Samaj is not proof of a valid marriage,” the Court stated while dismissing the appeal.