How to legally dissolve Arya Samaj Marriage?
Kindly advise on the legal process to nullify or dissolve an Arya Samaj marriage that was not registered before the Marriage Registrar, in a situation where the girl does not wish to continue living with the boy.
Dear Client, Thank you for reaching out. We are happy to assist. An Arya Samaj marriage is legally recognized under the Hindu Marriage Act, 1955, and its dissolution follows the same process as any Hindu marriage. You may file a divorce petition before the Family Court having jurisdiction over the place of marriage or either spouse's residence. Divorce can be pursued mutually under Section 13B, if both parties agree, or contested under Section 13 on grounds such as cruelty, desertion, adultery, or mental disorder. Mutual divorce typically requires a six-month cooling period, which may be waived in genuine cases. Final dissolution is granted through a decree by the Family Court. For further assistance, please contact Prime Legal.
Even if the Arya Samaj marriage was not registered before the Marriage Registrar, it may still be legally treated as a valid marriage if proper marriage ceremonies were performed. If the girl does not want to continue the relationship, the safest legal option is to file for divorce or annulment before the Family Court instead of simply separating informally. This helps avoid future legal disputes regarding marital status. If there was force, fraud, or lack of free consent during marriage, the marriage can also be challenged legally before the Family Court. For further legal assistance contact us on our helpline number.
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