Is Arya Samaj marriage legally valid?
I am in love with someone who is married. She got married in 2022, but due to some issues, she is frustrated in that marriage and is now attached to me. We want to marry after her divorce. They do not have a court-registered marriage certificate; they only have an Arya Samaj marriage certificate. What procedure should we follow? Is the Arya Samaj certificate valid, or does she not need a divorce certificate and can directly proceed for marriage?
- The Supreme Court has cleared the law on this that Arya Samaj Marriage certificate is not a proof of marriage without a court registration. - Before enetering a another marraige, if only arya samaj certificate is proof, an application 'nulification' or 'annulment' can filed in the court. - If essential ceremonies of Hindu marriage have been performed, it can be treated as a valid in some states, then a divorce petition has to be filed before entering another marriage. - Registration of marriage under hindu law is not essentil in all states only in Maharashtra, Karnataka, Gujarat, Himachal Pradesh, Bihar, Kerala, and Rajasthan.
If the girl already had an Arya Samaj marriage, it is considered a valid and legal marriage. Without obtaining a divorce decree from the court, she cannot remarry. Therefore, you both must first get a court divorce order, and only after that can you marry legally and securely. For further legal assistance contact us on our helpline number.
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