The Allahabad High Court has restrained an Arya Samaj temple in Lucknow from solemnising marriages or issuing marriage certificates until further orders following allegations that the institution failed to verify the legal age of couples.
A division bench of Justice Rajnish Kumar and Justice Babita Rani passed the order while hearing a writ petition filed by a couple, Neha and Anand Kumar, who had sought protection from alleged police harassment.
Discrepancy In Age Records
During the proceedings, the state counsel informed the bench that Anand Kumar was approximately 19 years old according to his Aadhaar card, which records his date of birth as January 1, 2007. Under Indian law, the statutory minimum age of marriage for men is 21 years.
Upon being summoned by the court, temple secretary Sankalp Mishra produced the marriage register and official records. The bench questioned how Kumar’s age was listed as 22 years on the marriage certificate when his Aadhaar card showed he was under age and no other supporting identity documents were provided.
Mishra stated that the age entry was based on an affidavit submitted by Kumar’s mother. He was unable to specify any legal provision allowing an affidavit to serve as valid proof of age in the absence of standard documentation.
Court Orders Custody Of Records
Observing that records indicated a prima facie failure to properly verify the age of parties prior to marriage ceremonies, the court impleaded the temple as a party to the case and directed it to file a response.
The bench ordered the temple to submit an affidavit undertaking to follow all legal requirements, including mandatory age verification, before conducting any future marriages. It further directed that the temple’s marriage register and affidavits be placed in sealed custody with the senior registrar of the high court.
Warning of legal consequences, the bench noted that solemnising marriages involving individuals below the legal age renders all participating entities liable under the law. The court added that while the foundational principles of the Arya Samaj movement are rooted in truth and social welfare, certain institutions have failed to maintain those standards.
The high court has listed the case for further hearing on August 31.
