A boy eloped with a girl from his native village to Delhi. They approached an advocate for marriage. The advocate had suggested Arya Samaj Marriage on the basis of their facts and circumstances of the case. The boy was very intelligent. He prepared a list of questions before going forward for marriage. The advocate had answered all the questions satisfactorily. Let’s see his queries and the answer given by the advocate:
1. What is the eligibly age of the Marriage?
Ans: The Indian law prescribes that the minimum age of marriage of the boy must be 21 and girl must be 18. The minimum age is distinct from the age of majority which is gender-neutral. An individual attains the age of majority at 18 as per the Indian majority Act, 1875. Recently, Prime Minister Narendra Modi announced that the Central government has set up a committee to reconsider the minimum age of marriage for women during his address to the Nation on the 74th Independence Day celebrations.
2. What are the legal provisions for marriages in India?
Ans: India is based on the culture of diversity. Marriage laws are also based on their personal religion laws. In India, the marriages are governed under following laws:
- a. The Hindu Marriage Act, 1955
- b. The Muslim marriage Act, 1957
- c. The Indian Christian marriage Act, 1872
- d. The Anand marriage Act, 1909.
- e. The Special marriage Act, 1954
- f. The Arya Marriage Validation Act, 1937.
- g. The foreign marriage Act, 1969.
- h. The Child marriage Restraint Act, 1929
3. What is Arya Samaj marriage?
Ans: The Arya samaj Marriage can be solemnized under the The Hindu Marriage Act, 1955 and The Arya Marriage Validation Act, 1937. This marriage could perform between the Arya samajists. All the legal provisions of Hindu Marriage Act are applicable here. Arya Samaj is based on the reform movement
of Swami Dayanand Saraswati and was founded on 10th April, 1875. Arya samaj believes in one God and reject the worship of idols. Arya Samaj also promotes the values and practices based on the belief in the infallible authority of the Vedas.
4. Could a couple belong to different castes perform marriage under Arya samaj Marriage Laws?
Ans: Yes, section 2 of “The Arya Marriage Validation Act, 1937” permits that the marriage between any caste under this provision is valid. But at the time of marriage both the boy and girl should be Arya Samajist. Generally, marriage is to be performed before the Purohit of Arya Samaj according to the provisions of the Hindu Marriage Act, 1955. However, some extra authorities are given to Arya Samaj by the provision under section 2 of the Act. If someone is not a Hindu and still interested to enter in the marriage with the help of Arya Samaj, then such person is permitted under this law. Before performing the marriage, it is necessary for every Pandit to examine about various conditions of Hindu Marriage Act and other related provisions. If the performer violates the settle provisions of various laws then he would also be liable for prosecution for various crimes.
5. What are the legal provisions for safety of couple who belong to inter-caste?
Ans: Supreme Court in “Lata Singh Vs. State of UP, AIR 2006 SC 2522” said “The Caste system is a curse on the nation and the sooner it is destroyed the better. In fact, it is dividing the nation at a time when we have to be united to face the challenges before the nation unitedly. Hence, inter-caste marriages are in fact in the national interest as they will result in destroying the caste system. However, disturbing news is coming from several parts of the country that young men and women, who undergo inter-caste marriage, are threatened with violence or violence is actually committed on them. In our opinion, such acts of violence or threats or harassment are wholly illegal and those who commit them must be severally punished. This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes, if the parents of the boy or girl do not approve of such marriage the maximum they can do is that
they can cut off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage.” Law is very clear on the part of inter-caste marriage and gives full support and protection to the young couple.
6. Can arya samaj marriage be registered before the registrar of marriage as per law?
Ans: Yes, Arya samaj marriage is a valid marriage if performed with complying with all the legal provisions of law, and further it could be registered accordingly.
Arya Samaj Marriage is a better option than marriage performs under the Special marriage act. Arya Samaj marriage is easy, cost-effective, legal, with less legal formalities and fast option available in comparison to any other mode of marriage. But before proceeding further, the one needs to check the registration and other legal formalities of the Arya Samaj society.
Adv. Pawan Kaushik
The writer is an eminent counsel at Delhi Court.
The article is the writer’s work for general information.