Validity of an Arya Samaj marriage certificate. Is marriage legal?
20-Jun-2023 (In Family Law)
Sir agar arya samaj mandir m shadi hui h or certificate mil gya h lekin wo shadi court se ragistered nahi hui h to kya wo shadi valid h?
Yes , marriage is valid as per Hindu religion. But now Supreme court has made registration of marriages compulsory in order to put ban or check on fake marriages. so it is advisable to get your marriage registered in the court of law.
How can I cancel my marriage under Special Marriage Act?
A. Marriage registration can only be done after the marriage so that marriage certificates cannot be revoked. Your wife and you are legally married. You or your wife may file a divorce petition in order to end the relationship.
How can I nullify my court marriage in India?
Annulment Process
Marriage annulment cases are filed in the same way as divorces. They include a petition, summons and other documents. The husband or wife of the married couple can initiate an annulment case. In the petition, you will find a list of grounds for annulment.
How can I cancel my marriage registration in India?
In India, a valid marriage cannot be annulled. You can only obtain a divorce if you have a valid marriage.
How can I annul my marriage in India?
The Hindu Marriage Act of 1955, section 12, provides for the nullity of a voidable marriage. In voidable marriages it is entirely up to the parties whether they want to marry or annul the marriage.
Yes the marriage is valid.
If you got married under the Arya Samaj Mandir then get this marriage registered under section 8 of the Act by the Marriage officer/Registrar of the district/state, where this marriage took place.
After 2006, orders of Supreme Court are strict on the issue of registration of marriages in personal laws. An Arya Samaj marriage can be registered either under the Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954. The Hindu Marriage Act is applicable in cases where both husband and wife are Hindus, Buddhists, Jains or Sikhs or where they have converted into any of these religions. Where either of the husband or wife or both are not Hindus, Buddhists, Jains or Sikhs, the marriage is registered under the Special Marriage Act, 1954.
Hindu Marriage Act places a responsibility upon the states to make laws regarding registration of the marriage but also places an emphasis that where a marriage is not registered, its non registration will not invalidate the marriage. It is often advised to get the marriage registered as per the Supreme court orders and, it is the correct way to avoid disputes in future regarding breakdown of marriage.
Registering Arya Samaj Marriage as per Hindu Marriage Act
Registration is done with any Sub-divisional Magistrate, offline. Another option available at few jurisdictions like Delhi is of online registration. An appointment comes after 15 days.
Fulfilling the formalities of registration form.
Any document that provides the date of birth of the individuals.
2 passport size photographs of both the parties are required, also one marriage photograph and Marriage invitation card (optional).
Attestation of gazetted officer is mandatory
After fulfilling all the formalities, it is the duty of the district court to provide the couple a marriage certificate.
A marriage registration cost around INR 100- 200.
If you got married under the Arya Samaj Mandir then get this marriage registered under section 8 of the Act by the Marriage officer/Registrar of the district/state, where this marriage took place.
After 2006, orders of Supreme Court are strict on the issue of registration of marriages in personal laws. An Arya Samaj marriage can be registered either under the Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954. The Hindu Marriage Act is applicable in cases where both husband and wife are Hindus, Buddhists, Jains or Sikhs or where they have converted into any of these religions. Where either of the husband or wife or both are not Hindus, Buddhists, Jains or Sikhs, the marriage is registered under the Special Marriage Act, 1954.
Hindu Marriage Act places a responsibility upon the states to make laws regarding registration of the marriage but also places an emphasis that where a marriage is not registered, its non registration will not invalidate the marriage. It is often advised to get the marriage registered as per the Supreme court orders and, it is the correct way to avoid disputes in future regarding breakdown of marriage.
Registering Arya Samaj Marriage as per Hindu Marriage Act
Registration is done with any Sub-divisional Magistrate, offline. Another option available at few jurisdictions like Delhi is of online registration. An appointment comes after 15 days.
Fulfilling the formalities of registration form.
Any document that provides the date of birth of the individuals.
2 passport size photographs of both the parties are required, also one marriage photograph and Marriage invitation card (optional).
Attestation of gazetted officer is mandatory
After fulfilling all the formalities, it is the duty of the district court to provide the couple a marriage certificate.
A marriage registration cost around INR 100- 200.
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Arvind Kumar
Can residents certificate is used as a marriage certificate
Reply by LawRato
No, a residents certificate cannot be used as a marriage certificate. You will have to apply for a marriage certificate and go through the procedure.
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