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rahul (nil)     12 March 2015

Arya samaj marriage

We got married two years back in arya samaj mandhir. Now her parents are forcing her for another marriage. They destroyed the original marriage certificate issued by arya samaj and the marriage photos. Now i have only a duplicate marriage certifiacte with me.I dont have marriage photos too. Now what can I do to stop her 2nd marriage ??/ pls advice 



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 9 Replies

saravanan s (legal advisor)     12 March 2015

the duplicate you have with you is enough and arya samaj will also be maintaining records of your marriage.if she marries again it amounts to bigamy under sec 494 ipc and she will beimprisoned for seven years with fine and above all the second marriage will be considered to be void.even if you dont have photos you will be having eyewitness for that marriage

Laxmi Kant Joshi (Advocate )     12 March 2015

Arya samaj marriage is a valid marriage they maintained their marriages record with them, don't worry if you have duplicate marriage certificate with you it is quite enough to prove your marriage, without taking divorce from you if she solemnized her second marriage then she will be booked u/s 494ipc an criminal offence for bigamy and also as per law her second marriage will be treated as null and void, if you have proof when and whom she is going to solemnized her second marriage you can stopped her second marriage by informing and making written complaint to the police .

rahul (nil)     12 March 2015

Thank you each and everyone of you for your kind replies. But the thing is that we didnt register our arya samaj marriage. In that case whether our marriage will be treated as void by the law ?. She is against the 2nd marriage and fighting them for us..We dont want to create a ruckus and I am going to have a conversation with her parents. What to do if they dont listen to me and  go ahead with the 2nd marriage??What are the procedures for my next action ??? pls advice 

saravanan s (legal advisor)     13 March 2015

Hindu marriages need not be compulsorily registered.your arya samaj marriage is also legal.so dont worry

Kishor Mehta (CEO)     13 March 2015

Sir,

With due respect:

[1] The marriage certificate issued by Arya Samaj is not recognised, nor is accepted as evidence of marriage.

[2] Under the law every hindu marriage has to be registered, soon after the marriage ceremony. Signatures of the married couple, their elders and the person (purohit) who has performed the marriage ceremony are to be affixed to the marriage registration form.

[3] However, in your case, you have to file a complaint with the police, and the girl has to file an affidavit with the police that she has married you and wants to reside with you as your legally wedded wife, and that there is no coersion or force.

Good Luck,

Kishor Mehta

rahul (nil)     18 March 2015

HI all, I am getting contradictory  advises ....according to kishor sir, arya samaj marriage certificate alone is not valid but as per Saravanan SIr , it is valid... What to do???? anyone pls help me 

saravanan s (legal advisor)     18 March 2015

hindu marriages basically need not be registered and its valid.anyhow check about it in your state

rahul (nil)     18 March 2015

my state is delhi

Amit (BAC)     04 April 2015

I need experts advise and directions on below matter, please read and advise.

I'm doing second marriage after my valid divorced and the second party also got divorced with valid legal papers.

I'm planning this marriage in Arya samaj without any dowry or any kind of gift from seconad party but I need this to be on some legal papers just to safe myself, what would be the correct apporach on this.

Second party is agreed on "No dowry in this marriage" declaration on stamp paper duly signed.

Would this be valid incase something goes wrong in second marriage?

Regards


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