The Allahabad High Court has declared that interfaith marriages without religious conversion are not legally valid, especially if conducted by the Arya Samaj temple without following proper legal procedures. The ruling came during the hearing of a case involving a man accused of kidnapping and marrying a minor at an Arya Samaj temple.
Justice Prashant Kumar dismissed a plea by the accused, Sonu alias Sahnoor, who had requested that the criminal charges against him be dropped. He claimed he had married the girl, now an adult, and they were living together. However, the court noted that the Arya Samaj marriage certificate issued when the girl was a minor was against the law.
Court Targets Arya Samaj Marriage Practices
The court expressed serious concern over how some Arya Samaj temples have been issuing marriage certificates indiscriminately, often for a fixed fee, without proper verification of age, religion, or legal eligibility.
Justice Kumar called such acts a clear violation of legal norms and ordered the Uttar Pradesh Home Secretary to launch an investigation into Arya Samaj temples that issue marriage certificates to:
A detailed report is to be submitted by August 29, and a DCP-rank IPS officer will lead the probe.
Legal and Social Impact:
The court highlighted the serious risks of such unauthorised marriages, especially those involving young couples:
- Human trafficking
- Sexual exploitation
- Forced labour
- Psychological trauma for minors
- Disruption of education
- Heavy burden on the judicial system
In a strong statement, Justice Vinod Diwaker, in an earlier ruling, said these marriages often result in long-term harm to children, including emotional stress, social instability, and exploitation.
The court emphasised the need for a robust system to verify documents and hold trusts and marriage societies accountable.
No Legal Standing Without Conversion
In this specific case, the state government argued that the marriage had no legal validity, as the couple belonged to different religions and no religious conversion took place. The court agreed with this view, stating that interfaith marriages without conversion are not valid under current law.
Arya Samaj Certificates Not Legally Conclusive
This ruling follows a pattern of recent decisions by the Allahabad High Court:
On July 15, the court said that Arya Samaj marriage certificates alone are not valid proof of marriage.
On April 17, it ruled that marriages under Hindu rituals at Arya Samaj temples can be valid, but only if customs and laws under the Hindu Marriage Act, 1955, are strictly followed.
On April 8, the court noted that while Arya Samaj certificates aren’t legally valid on their own, they can be used as supporting evidence in court if the officiating priest testifies.
An FIR had been registered against the accused under charges of kidnapping, rape, and the POCSO Act. A chargesheet was filed, and court proceedings were underway. The petitioner argued for dismissal, citing his marriage to the girl. However, the court ruled that the marriage itself was not valid.
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