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Arya Samaj Marriage not being honored by girl and her parents


07-May-2023 (In Family Law)
My cousin brother has married a girl after a 3 year long love relationship at an Arya samaj temple and obtained a marriage certificate from the same institution but not registered it with the marriage registrar. Both are Hindu and 27 years old. They have kept this marriage a secret from her parents. The girls parents have already fixed her marriage with someone else and the date of marriage is very near. They have also made all the preparations of marriage. And the girl's parents are forcing her to marry this new guy of their choice or her father will die of health issues. Even though the girl loves my brother she is under pressure and is worried about his fathers health and respect in the society. She is insisting my brother to keep arya samaj marriage a secret and allow her to marry the other guy. She is also saying that she will not stand by him if he intends to tell her parents or take any legal step. My brother doesn't want her to marry anyone else. What should he do to stop this.
Answers (3)

Answer #1
810 votes
See since a marriage has already been performed in Arya samaj Mandir the second marriage will be illegal. But you must have proof of Arya samaj marriage. If you have documentary evidence of first marriage you can stop second marriage through court. But there is risk if girl does not support you. The girl may implicate you in criminal cases of abduction and forceful marriage and many more complicated legal cases. Think twice before taking any step. Girl consent and support is very important.
Answer #2
586 votes
Since, she has entered into a valid Marriage with your brother as a Marriage as per the Arya Samaj norms is deemed valid, she is not competent to enter into another marriage during the subsistence of her first marriage with yiru brother. The very condition of a valid marriage says thay neither of the party should have a spouse living at the time of the marriage. Thus, even she contracts the second marriage, the said marriage will be illegal and void. Your brother may file a writ of habeas corpus.
Answer #3
658 votes
Arya Samaj marriage is equally recognised as any other form of religious ceremony. However under the new provisions of law your marriage must be registered before Registrar marriage. This is in the best interest of your cousin to avoid any legal complications in future.

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