Arya Samaj certificates not enough to prove marriage: Allahabad HC

While dealing with a habeas corpus (illegal detention) petition, the court observed that Aarya Samaj societies were issuing marriage certificates without proper organisation of marriages

Taking a serious note of frequent use of marriage certificates of Arya Samaj societies, the Allahabad high court has said these societies misused beliefs in organising marriages without considering genuineness of documents.

A habeas corpus petition was filed by one Bhola Singh. (Ht file)

While dealing with a habeas corpus (illegal detention) petition, the court observed that Aarya Samaj societies were issuing marriage certificates without proper organisation of marriages.

Making the above observation, Justice Saurabh Shyam Shamshery said, “The court is flooded with the marriage certificates issued by different Arya Samaj Societies 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.”

In present case, a habeas corpus petition was filed by one Bhola Singh alleging that petitioner number two is the wife of the petitioner and in order to prove that they were legally married, counsel for petitioners had placed reliance upon a certificate issued by Arya Samaj Mandir, Ghaziabad .

“Since the marriage has not been registered, therefore, only on the basis of said certificate it cannot be deemed that the parties have married,” the court observed in its decision dated August 31.

“In the present case, the corpus is a major and an F.I.R. has been lodged against the petitioner number one- husband by father of petitioner number two-wife and investigation is undergoing, therefore, there is no case of illegal detention,” the court said while dismissing the petition.