Interfaith marriages without conversion illegal, rules Allahabad HC
What's the story
The Allahabad High Court has ruled that interfaith marriages without religious conversion are illegal. The court was hearing a case involving a man accused of marrying a minor at an Arya Samaj temple. Justice Prashant Kumar rejected the man's plea to quash criminal proceedings against him, noting that the marriage certificate issued by the temple violated legal norms.
Investigation directive
Court orders probe into Arya Samaj institutions
The court has also ordered an investigation into Arya Samaj institutions for allegedly issuing marriage certificates to underage or interfaith couples without legal procedures. The Uttar Pradesh Home Secretary has been directed to initiate a probe, headed by a DCP-rank IPS officer. A compliance report is expected by August 29.
Plea details
Accused's plea
The accused had argued that his marriage was valid since the girl is now an adult and they live together. However, the state government opposed his plea, saying their marriage was illegal as they didn't convert religions. The court noted that many Arya Samaj institutions issue certificates for such marriages without following due legal procedures, warranting investigation and legal action.
Marriage procedure
What is an Arya Samaj marriage?
An Arya Samaj marriage is a simple Hindu wedding conducted according to the principles of the Arya Samaj. The ceremony focuses on core Vedic rites and is typically quick, affordable, and non-ritualistic. Both partners must be Hindu or willing to convert to Hinduism, with a minimum age of 21 for grooms and 18 for brides. Courts have differed on its legal recognition under the Hindu Marriage Act of 1955.
Ruling history
Court's previous rulings on Arya Samaj marriages
The Allahabad High Court has previously ruled that Arya Samaj marriage certificates aren't conclusive proof of lawful marriages. In April, it held that such marriages are valid under section 7 of the Hindu Marriage Act if solemnized according to Vedic customs. Last September, the court directed an inquiry into institutions providing marriage certificates in Uttar Pradesh, citing concerns over human trafficking and exploitation.