Marriage registration
Querist :
Anonymous
(Querist) 10 October 2010
This query is : Resolved
I have read from the forums here that the Arya samaj marriage certificate is valid for a couple to be a legally husband and wife, but still it needs to be registered with the Registrar.
My question is if these couples solemnized the marriage without parents consent and are still living with the parents with out them really know that they have married, still does it require to register the marriage?
If in future, if these couples want to go to a different state and start living there, is it fine to register the marriage with the Registrar over there or does it needs to be registered with the Registrar in the home state.?
Devajyoti Barman
(Expert) 11 October 2010
Only the particular Arya Samaj Mandir where the marriage was solemnized is authorised to issue such marriage certificate, not the regular marriage registrar and yes, registration of such marriage is mandatory.
M/s. Y-not legal services
(Expert) 11 October 2010
I don't know about aryasamaj marriage's formalities.. Even mr.barman will not give falls guide.. So you may agree with him..
s.subramanian
(Expert) 11 October 2010
If you belong to different religions, conversion to Hinduism is a must. Unless you both belong to Hindu religion,Arya Samaj cannot solemnise the mariage. Therefore you must undergo the necessary formalities for converting to Hinduism which Arya Samaj does. After that the marriage is solemnised by them. No separate registrations is required. The registration with the Arya Samaj Mandir will sufice.
adv. rajeev ( rajoo )
(Expert) 11 October 2010
Registration of marriage is Mandatory. You can file an application before the registrar of marriage for registration by producing the certificate issued by the Arya Samaj
Kiran Kumar
(Expert) 11 October 2010
registration of marriage is mandatory, only Registered temples are allowed to issue certificates.
to my knowledge, even if the certificate is issued by some temple authority the statutory registration is still mandatory.
the certificate issued by temple authorities is merely a proof of solemnization of marriage at a particular place but such certificate is no use for other legal purposes.
it is only the govt. appointed authority which can issue certificate after verifying the fact that whether the legal provision have been complied with while performing marriage.
there have been various instances of hidden marriages as you both have done by not disclosing the factum of marriage to your respective parents. its advisable that you get your marriage registered at sub registrar's office and in case the registrar refuses to register marriage due to absence of parents then you will have to file another writ petition before the hon'ble HC to seek directions for registration of marriage.
Kirti Kar Tripathi
(Expert) 11 October 2010
I do not agree with above Experts. Arya Samaj Marriage is perfectly valid and legal if is solemnized by following condition laid down in Section 7 of the Hindu Marriage Act. i.e performing of Saptpadi or custom prevailing in the community. It is wrong to suggest that registration of marriage is mandatory. The law of registration of marriage has not been enforced as yet. However, Section 8 of Hindu Marriage Act provides for marriage registration but non registration of marriage can not invalidate the marriage performed by following conditions of valid marriage under the personal law. For registration of marriage under Section 8 of the Act the certificate issued by Arya Samaj is sufficient.
Uma parameswaran
(Expert) 11 October 2010
Better to register in your home state itself.
