Raj hc puts breaks on quick arya samaj marriages

1. In a way it is pragmatic decision of the DB to protect about age females marrying in a hurry for whatever reasons with older men's and then probably left out on the run.


However it is my view that when two people donot take permission from a Court to get married then Court should get away from legal dissolving a marriage too. By this news quoted stricture Court is indirectly bringing Arya Samaj Mandir Marriages into Special Marriage Act where 30 days notice etal are procedure of a marriage is it not so (sort of backdoor entry to get consensus on Uniform Civil Code...whatever) ?.


But, yes I will go by the decision as reported by you which is based on one set of societal emerging trend of modern India coming to notice of ld. Court.


[1. Well it would be interesting to now read Sangh Parivars voice on such judicial reforms.
2. It will raise eyebrows if I add why Hindus are being tolerant to such Court intervened pragmatism why not Muslim Marriage Laws modified accordingly and as such Hyderabad areas and Guajarat's muslim dominated areas leads in about age female marriages to wealthy Arabs / Muslims NRI’s is one long term question if I may put across the Board for dicussion!!!]

Whether courts, except S.C. under Article 142,  have got power to make laws and especially inject provisions in laws enacted by Parliament?  Once, the parliament enacted Arya Samaj marriage Validation Act, can court put some more conditions to make a marriaged cermonized under the Act to be valid.

Justice Ravindra Bhat of  Delhi High court in 2009 passed an order holding that seding notice of marriage to parents of the bride and bride groom proposed to marry under Special Marriage Act defeats the very object of the Act.  Hence, he struck down that rule in SMA.

We have got a very backward mindset.  We do not believe that a boy of 21 years and girl of 18 years are major and they are competent enough to take decisions of their life, which have far reaching consequences.  We also are not confident ourselves that we cannot convince our own children about their decisions, if we think that their decisions are harmful for them in long time, but they think they are good for them for now and forever.  The experience shows that parental decisions are always not good, with whatever good intentions they take them.  The number of divorces in arranged marriages is one such example. 

After sixty years of independence, you talk with any one- every one says that he doesnot believe in religion, caste and creed.  But, strangely, always the arranged marriages happen only in the same castes and we do not see a brahmin boy is going for sc girl, except in love marriages.  Same is the thing with religion.  Except in love marriages, we do not see inter-religious marriages.

If parents are so progressive, then our  indian society must have got rid of casteism and dowry system.

My final coments are the parents have to behave just like friends to the younger generation and guide them but not thrust their ideas on younger generation.  Othewise, the country will go backward. 

will it also affect marriages done 6 months back ?

is there any method for cancellation of arya samaj marriage except divorce ? or is there any loopholes in this arya samaj marriage which can be made as base for its annulment . The reason is the girl is having affair with somebody else now and at the same time not giving divorce to the aggreived person .

Good Judgement,

It doesnot affect marriages performed earlier.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Please provide me with the Full Text of the said Judgment of Rajasthan High Court

Thanks in anticipation