SC stays HC order for adhering to special law for marriages at Arya Samaj temples

Senior advocate Shyam Divan contended that the high court committed an error by transgressing into the domain of legislature

The Supreme Court has stayed a Madhya Pradesh High Court order which directed an Arya Samaj organisation to comply with the provisions of the Special Marriage Act, while solemnising marriages of Hindu couples.

A bench of Justices K M Joseph and Hrishikesh Roy on Monday suspended the operation of the High Court order, which directed the organisation to amend its guidelines in accordance with the Act.

Senior advocate Shyam Divan and lawyer Vanshaja Shukla, representing the Madhya Bharat Arya Pratinidhi Sabha, contended that the high court committed an error by transgressing into the domain of legislature by its directive.

The counsel claimed that the court wrongly directed that Arya Samaj temples should solemnise the marriages after complying with the provisions of Sections 5, 6, 7 and 8 of the Special Marriage Act, which provided for prerequisite conditions viz, notice of intended marriage, publication of notice, marriage notebook, objection to marriage, and the procedure.

The top court agreed to examine the matter and also issued notice to the Madhya Pradesh government.

The matter arose out of a plea by an inter-caste couple in the HC in 2020, claiming they got married according to Arya Samaj tradition. They sought direction to the state government to provide them protection.

The petitioner organisation countered the couple's claim, saying the organisation, which helped them marry, was not linked to it.

A single bench judge at the high court in December 2020, issued specific directions to the Sabha to amend its guidelines to incorporate sections 5, 6, 7 and 8 of the Special Marriage Act, within a month. This verdict was upheld by a division bench of the high court in December 2021.

The plea contended that the high court's direction that marriage certificates will have to be issued by competent authority as per the Special Marriage Act, took away power from Arya Samaj temples to issue certificates for marriage, solemnised under the Hindu Marriage Act.

Check out DH's latest videos