Arya Samaj certificate not proof of marriage: Allahabad HC

The court stated that because the marriage was not registered, the parties 'cannot be deemed' married based solely on the Arya Samaj certificate

A marriage certificate issued by the Arya Samaj Society is not enough to prove legality of a marriage, the Allahabad High Court said in a ruling.

A single bench of the court, comprising Justice Sourabh Shyam Shamshery, gave the ruling while dismissing habeas corpus petition filed by a man named Bhola Singh, who had claimed that his wife was being illegally held hostage by her father. Singh produced an Arya Samaj-issued marriage certificate to claim that their marriage was solemnised in accordance with the religious customs.

The petitioner also furnished photographs of their wedding, and produced a registration certificate of the same.

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“The courts have been flooded with the marriage certificates issued by different Arya Samaj societies, which have been seriously questioned during different proceedings before this court as well as by other High Courts,” the court said during the hearing. According to the court, Arya Samaj “misused their beliefs in organizing the marriages without even considering the genuineness of documents”.

The court further stated that because the marriage was not registered, the parties “cannot be deemed” married based solely on the Arya Samaj certificate.

“Otherwise also, habeas corpus is a prerogative writ and an extraordinary remedy…it cannot be issued as a right but only on reasonable grounds or probability is shown,” the court observed.

The petitioner had other remedies available for the purpose under criminal and civil law, the court said, “therefore, the present writ petition for habeas corpus at the behest of husband” to get his wife back was “not maintainable as a matter of course, ignoring that marriage could not be deemed to be solemnized.”