Marriage Performed In Arya Samaj Mandir Valid Under Hindu Marriage Act If Conducted As Per Vedic Procedure And Hindu Customs: Allahabad High Court

A Single Bench of Justice Arun Kumar Singh Deshwal observed, “…where the marriage between two Hindus (Male and Female) is performed in accordance with the applicable rites or ceremonies of Hinduism then such marriage will be valid even if the same is performed in Arya Samaj Mandir, in any temple, house or at any open place, as the place is not relevant for performing marriage as per section 7 of the Hindu Marriage Act. It is Hindu customs and rites which is relevant for the valid marriage.”

The Court added, “…in Arya Samaj Mandir, marriage is conducted as per the vedic procedure, which includes Hindu customs and rites like Kanyadan, Panigrahan, Saptapadi and chanting of Mantras while applying vermilion. Therefore, this court has no hesitation to hold that any marriage solemnized in Arya Samaj Mandir as per the Vedic procedure is valid marriage as it fulfills the requirements of Section-7 of the Hindu Marriage Act”.

Advocate Bhanu Prakash Verma represented the Applicant, while Additional Government Advocate Raj Bahadur Verma appeared for the Opposing Parties.

Brief Facts

An FIR was registered by Opposite Party No. 2 against the Applicant, alleging that she was his wife and was subjected to harassment and cruelty in connection with dowry demands after their marriage. Pursuant to her FIR, and after investigation, the police submitted a charge sheet, which the Applicant challenged before the High Court.

The applicant submitted that the alleged marriage between him and Opposite Party No. 2 was solemnized at Arya Samaj, which, as per the judgment of the Allahabad High Court in Ashish Morya vs. Anamika Dhiman (2022), would not constitute a valid marriage. It was further contended that a marriage certificate issued by Arya Samaj had no statutory force. Counsel for the applicant also submitted that, in fact, no marriage was solemnized at Arya Samaj and that the alleged marriage certificate was forged and fabricated. Accordingly, it was prayed that the impugned proceedings be quashed.

The Opposite Parties averred that there was sufficient material on record to indicate that the marriage was performed in accordance with Hindu customs and rites. It was further argued that merely because the marriage was performed at Arya Samaj Mandir did not render it invalid. It was further submitted that the issue raised by the Applicant pertained to a question of fact, which could not be adjudicated at that stage while exercising jurisdiction under Section 482 CrPC for quashing of proceedings.

Reasoning of the Court

The Court noted that The Court noted that, as per the Hindu Marriage Act, 1955, the marriage of two Hindus who fulfilled the conditions prescribed under Section 5 of the Act would be deemed complete and binding upon the performance of the ceremonies specified under Section 7. It observed, “As per the Hindu Marriage Act, 1955, the marriage of two Hindus, who fulfill the conditions of Sections 5 of the Hindu Marriage Act would be deemed to be complete and binding on following the procedure mentioned in Section 7 of the Hindu Marriage Act. As per Section 7 of the Hindu Marriage Act, a basic condition for valid marriage is that the marriage should be solemnized as per the customary rites and ceremonies of either party. It is further mentioned that if the customary rites and ceremonies of either party also include Saptapadi then on completing the same, it would become complete and binding.”

The Bench explained that it was clear from Section 7 of the Hindu Marriage Act that customary rites and ceremonies could be solemnized at any place, whether in a temple, a house, or an open space, and further, the Act did not prescribe any specific location for the performance of a Hindu marriage, except that it must be conducted in accordance with the customary rites and ceremonies of either party.

The Court said, “Hindu religion is always open to reform, and for that reason a number of reformers came and started reformation in the Hindu religion, which, in the course of time has also been accepted. Arya Samaj is also a mission founded by great Sant and reformer Swami Dayanand Saraswati on April 10, 1875 in Bombay. It was a monotheistic Hindu reform movement which believes in one God and opposes cast system based upon birth and insisted on looking back to the Vedas, which are source of all true knowledge.”

The Court held that, in view of the facts of the case, it was clear that marriages conducted in Arya Samaj Mandir followed the Vedic procedure, which included Hindu customs and rites such as Kanyadan, Panigrahan, Saptapadi, and the chanting of mantras while applying vermilion. The Court added, “…this court has no hesitation to hold that any marriage solemnized in Arya Samaj Mandir as per the Vedic procedure is valid marriage as it fulfills the requirements of Section-7 of the Hindu Marriage Act. Though certificate issued by Arya Samaj may not have a statutory force of prima facie validity of marriage. But the certificate issued by Arya Samaj regarding performance of marriage is not a waste paper, it can be proved by the Purohit (who performed the marriage) as per the provisions of Bharatiya Sakshya Adhiniyam, 2023 during the trial of the case.”

The Bench further noted that, with regard to the allegations of cruelty levelled by the Opposite Party against the applicant in her statement recorded under Section 161 CrPC, it was not necessary for there to be a demand for dowry in order to attract liability under Section 498A IPC, and that merely subjecting the wife to cruelty was sufficient to fulfill the ingredients of the offence under Section 498A of the IPC.

Consequently, the Court dismissed the application.

Cause Title: Maharaj Singh v. State of U.P. & Anr. (Neutral Citation 2025:AHC:50766)

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