The Allahabad High Court has directed the Uttar Pradesh government to initiate an inquiry into the functioning of certain Arya Samaj societies that are allegedly conducting sham marriages without adhering to legal requirements. The court observed that some of these societies were registering marriages with mala fide intentions and without verifying the age or religion of the parties involved.
Justice Prashant Kumar issued the directive while hearing a plea filed by one Sonu alias Shahnur, who sought to quash summons in a case involving charges of rape and abduction linked to his alleged marriage to a woman who was a minor at the time.
The court directed that the probe be carried out by an officer not below the rank of Deputy Commissioner of Police and addressed the direction to the Secretary, Home Department.
Background of the Case
The petitioner claimed he had married the woman on February 14, 2020, at an Arya Samaj Mandir in Prayagraj. At the time, the woman was a minor and was residing in a nari niketan. After attaining the age of majority, she began living with the petitioner. The prosecution contended that the marriage was void as it violated both the age requirement and provisions related to religious conversion.
“The applicant and the victim belong to different religions. There is an averment in the application that they have solemnized marriage in Arya Samaj Mandir at Prayagraj. However, the same could not have been done without proper conversion as per the existing law,” Justice Kumar noted in the July 24 order.
Concerns Over Legitimacy of Arya Samaj Marriages
The court expressed concern over the apparent proliferation of unauthorized Arya Samaj Mandirs solemnizing marriages without following legal norms. It cited a previous order to highlight the “astonishing figure” of such marriages conducted across Uttar Pradesh in a single year.
The judge further remarked that “even otherwise, for all the marriages solemnized in the State of U.P., its registration has been made compulsory under the provisions of UP Marriage Registration Rules, 2017.”
In this case, the defence had argued that the marriage certificate produced appeared to be fabricated and emphasized that the marriage, being between individuals of different religions, could not be recognized unless proper conversion was done in accordance with the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021.
Court’s Directions and Observations
Justice Kumar stated, “The record further shows that at the time of the alleged incident, the victim was a minor, and in no way any marriage solemnised by her would be a valid marriage.”
He directed the Home Secretary to ensure that an appropriate officer investigates the functioning of Arya Samaj societies across the state and examines whether they are complying with legal requirements regarding age, consent, interfaith marriages, and conversion laws.
The matter has been posted for the next hearing on August 29, 2025.
