In a significant observation, the Allahabad High Court has ruled that the venue of a marriage between two Hindus does not affect its validity, provided it is conducted according to Vedic or other relevant Hindu rites and ceremonies. The ruling came while the court dismissed a petition concerning a dowry demand criminal case, emphasizing that Hindu marriages performed in Arya Samaj temples hold as valid when solemnized under appropriate religious customs.
Justice Arun Kumar Singh Deshwal presided over the case of Maharaj Singh, who sought to quash the criminal proceedings against him registered at the Hafizganj police station in Bareilly. Singh contended that the marriage certificate issued by the Arya Samaj mandir was forged, and the marriage was not conducted according to Hindu rituals.
The petitioner’s counsel referenced a prior judgment (Ashish Morya Vs. Anamika Dhiman), which stated that mere registration of a marriage is not conclusive evidence of its validity. However, Justice Deshwal clarified that Arya Samaj mandirs typically follow the Vedic procedures, incorporating Hindu customs and rites such as ‘kanyadan’, ‘panigrahan’, ‘saptapadi’, and the chanting of mantras, which are essential under Section 7 of the Hindu Marriage Act, 1955.
The court further noted that while a marriage certificate from Arya Samaj may not carry statutory validity, it is not to be dismissed as invalid. Such certificates can be substantiated during trials by the ‘purohit’ or priest who conducted the marriage, under the provisions of Bharatiya Sakshya Adhiniyam (BSA), 2023.
