Lawstreet Journal

Should Special Marriage Act Provisions Be Followed By The Arya Samaj Temples While Solemnising Marriages? Supreme Court To Consider

Lawstreet Journal 6 Apr 2022 3:40am

Image courtesy: Lawstreet Journal Judiciary Should Special Marriage Act Provisions Be Followed By The Arya Samaj Temples While Solemnising Marriages? Supreme Court To Consider

On Monday, The Supreme Court agreed to hear a plea which challenged the Madhya Pradesh High Court order directing Madhya Bharat Arya Pratinidhi Sabha, which is an Arya Samaj organisation and has been asked to comply with the provisions of the Special Marriage Act, 1954 while solemnising marriages. Also, The High Court further held that no one other than the competent authority under the Special Marriage Act, 1954 can issue marriage certificates.

A Bench consisting of Justice K.M. Joseph and Justice Hrishikesh Roy issued notice and also stayed the operation of the High Court order and the Sabha was directed to amend its Guidelines dated 26th August 2016, by incorporating the provisions of Section 5, 6, 7 and 8 of the Special Marriage Act, 1954, within a months' time. The High Court also restrained the Sabha from performing marriages. By way of the Guidelines dated 26th August 2016, the Sabha has directed all the Arya Samaj temples affiliated to it to comply with the Hindu Marriage Act, 1955 and to strictly follow the procedure laid down therein with respect to the proof of age of the parties and as well as their mutual consent.

Arguments by the Petitioner:


Senior Advocate Shyam Divan, who appeared on the behalf of the Sabha argued that by passing the impugned order, the High Court had usurped the jurisdiction of the legislature which does not impose any requirement in the Arya Marriage Validation Act, 1937 and the Hindu Marriage Act, 1955 to solemnise the marriage in… Continue Reading...


Tagged: Arya Samaj Mandir   Special Marriage Act  
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