Arya Samaj Misused Beliefs In Organizing Marriages Without Considering Genuineness Of Documents: Allahabad HC
While dealing with a habeas corpus petition, the Allahabad High Court has observed that the Arya Samaj institutions have misused their beliefs in organizing marriages without even considering the genuineness of documents.
"The Court has flooded with the marriage certificates issued by different Arya Samaj Socieities which has been seriously questioned during different proceedings before this court as well as by other High Courts. The said institution has misused their beliefs in organizing the marriages without even considering genuineness of documents…", the Bench of Justice Saurabh Shyam Shamshery observed.
In this case, a man had filed a habeas corpus petition claiming that corpus is his wife.
In order to prove that they were legally married, Advocate Dharam Veer Singh placed reliance upon a certificate issued by Arya Samaj Mandir, Ghaziabad and further a certificate of registration of marriage as well as certain photographs.
The Court expressed that the marriage certificates issued by different Arya Samaj Societies were seriously questioned during different proceedings before the Allahabad High Court as well as by other High Courts.
Further, the Court observed that since the marriage has not been registered, therefore, the parties cannot be deemed to be married only on the basis of the certificate issued by Arya Samaj Mandir.
The Court held that the instant habeas corpus petition was not maintainable.
"The petitioners have other remedies available for the purpose under criminal and civil law, therefore, the present writ petition for habeas corpus at the behest of husband to regain his wife as corpus is not maintainable as a matter of course, ignoring that marriage cannot be deemed to be solemnized.", the Court held.
"In the present case, the corpus is a major and an F.I.R. has been lodged against the petitioner No.1 by father of petitioner No.2 corpus and investigation is undergoing, therefore, there is no case of illegal detention.", the Court noted while dismissing the petition.
Cause Title- Bhola Singh and Another v. State Of U.P. & 5 Others