Interfaith Marriages In Arya Samaj Mandir Not To Be Valid Without Conversion As Per Law: Allahabad High Court

The Allahabad High Court, while ordering an investigation into a marriage facilitated at Arya Samaj Mandir, has held that such marriages are not valid without proper conversion as per the existing laws.

The Court was considering an Application seeking quashing of an FIR registered under Sections 363, 366, 376 of the Indian Penal Code and Sections 3 and 4 of the Protection of Children from Sexual Offences Act.

The Bench of Justice Prashant Kumar observed, "It is apparent that the applicant and the victim belong to different religion. There is averment in the application that they have solemnized marriage in Arya Samaj Mandir at Prayagraj. However, the same could not have been done without proper conversion as per the existing law."

The Applicant was represented by Advocate Parmeshwar Yadav, while the Respondent was represented by Additional Government Advocate N.K. Upadhyay.

Facts of the Case

An FIR was lodged wherein it was alleged that the Informant's daughter was kidnapped by the Applicant with the help of some other persons. The charge-sheet and summoning order stood challenged in the Application. Counsel for the Applicant submitted that the Applicant solemnized marriage with the victim and since she was minor, she was sent to Nari Niketan and when she became major, she started living with the Applicant.

He further submitted that the instant case is squarely covered by the law laid down by the Supreme Court in the matter of Pramod Suryabhan Pawar v. State of Maharashtra and another, (2019).

On the other hand, the Additional Government Advocate submitted that the girl is minor as per her high school certificate and she could not have solemnized marriage with the applicant. He submitted that the Applicant and the victim come from different religion, as such, their marriage cannot be considered as a valid marriage until and unless proper conversion is carried out in accordance with the provisions of the U.P. Prohibition of Unlawful Conversion of Religion Act, 2021. He further submitted that the Marriage Certificate in respect of the Marriage between the Applicant and the Victim has been issued by Arya Samaj Mandir, which seems to be a fabricated document.

Reasoning By Court

The Court ruled that such marriages are not valid without proper conversion and stated that it has been pointed out that certain people who claim to be Arya Samaj and are getting marriages solemnized illegally, with malafide intentions, without even verifying the age of the groom and the bride

"The aforesaid order shows that astonishing figure as to number of marriages which have been solemnized by the Arya Samaj Mandir in the State of U.P. in one year. Even otherwise, for all the marriages solemnized in the State of U.P. its registration has been made compulsory under the provisions of U.P. Marriage Registration Rules, 2017. In the instant case, marriage has not been registered. The record further shows that at the time of alleged incident, the victim was minor and in no way any marriage solemnized by her, would be a valid marriage," the Court said.

The matter was thus posted for August 29, 2025.

Cause Title: Sonu Urf Sahnur vs. State of U.P. and Another

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