27 July 2018 04:52PM
Much like the standard Hindu wedding, the couple who elect this, should get the wedding registered beneath section 8 of the Act by visiting the district marriage registration office, wherever the wedding took place.
Since the couple could have totally different faiths, an Arya Samaj wedding may be registered either below the Hindu marriage Act, 1955, just in case each couple are of constant religion, or under the Special Marriage Act, 1954, where it’s inter-faith marriage.
Six step procedure for Arya Samaj registration:
1. Make an appointment at the sub divisional magistrate’s office. It takes a minimum of two weeks, therefore it’s sensible to begin this procedure before the wedding takes place.
2. Fill the registration form.
3. Submit proofs of dates of birth of the couple.
4. 2 passport size images of the bride and also the groom are going to be required along with a photograph of wedding and marriage invitation card (optional).
5. 2 witnesses who got to be physically present to sign.
6. Attestation of gazette officer is necessary.
7. when fulfilling all the formalities, the magistrate’s workplace will grant the wedding certificate, that is legally recognized by the court.
Why court registration is better?
It’s necessary to note that an Arya Samaj wedding certificate isn't a valid proof of the couple’s wedding abroad. The certificate holds worth only in Republic of India. This can, however, be simply solved by registering the wedding with the sub registrar’s workplace as mentioned above. In case, the certification is issued in a local language, you will have to get it translated to English to show it in countries outside India.
Procedure in Arya Samaj marriages
The wedding rituals involved in marriage are:
1. Booking of Arya Samaj Mandir in advance and submission of required papers.
2. After a successful registration, Mandir will give you a date when you can perform the marriage.
3. Wedding ceremonies begin with, captivating of the blessed Vedic hymn and its explanation and clarification by Pandit Ji. At that point comes the garland exchange ritual, where, the bride wreaths the groom first. At that point washes his feet, hand, and face.
4. Yagna begins with groom wearing a sacred thread.
5. Kanya daan is observed followed by holy rounds around the fire.
6. Kanya daan is trailed by 'Pratigya Mantra', The groom holds bride's hand and together, they make their wedding promises.
7. Shilarohan, where the brother of the bride places her foot on a stone, while the groom recites mantras.
8. Bride and the groom do parikrama around the fire four times.
9. Kesh Mochan, custom includes the groom fixing his bride's hair tenderly and giving it a chance to course down unreservedly.
10. Just as Hindus, saptapadi or seven holy circle around the fire is observed.
11. Hridaya Sparsh, where, the couple touch each other’s hearts and promise to be tender-hearted and gentle with each other ending with the newly-weds viewing the Dhruv or the Pole Star.
Following documents are required for solemnization of Arya Samaj Marriage:
1. 4 copies of colored photograph of both the parties entering into marriage.
2. Date of birth and address proofs of both the parties.
3. Bride and groom should be of the age, legal to get married. 18 for bride and 21 for groom.
4. Two observers to witness the heavenly function.
5. In case where a marrying party is a widow, the death certificate of the dead spouse.
6. Where a wedding party is a remote subject or holding an outside international ID or is having foreign residential address-Certificate of present conjugal status of the party/No Impediment Certificate/NOC from concerned Embassy and Valid VISA.
Registration of Arya Samaj Marriage:-
Your marriage should be registered under section 8 of the Act by the Marriage officer/Registrar of the locale/state if the marriage is taking place in the Arya Samaj Mandir:
· After 2006, requests of Supreme Court are strict on the issue of enrollment of marriages in personal laws.
· An Arya Samaj marriage can be enrolled either under the Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954.
· Where both of the mate or spouse or both are not Hindus, Buddhists, Jains or Sikhs, the marriage is enrolled under the Special Marriage Act, 1954.
· Hindu Marriage Act puts a commitment upon the states to make laws with respect to enlistment of the marriage yet furthermore puts a highlight that where a marriage isn't enlisted, its non enlistment won't nullify the marriage. Usually encouraged to get the marriage enlisted according to the Supreme court requests and, it is the right method to evade debate in future in regards to breakdown of marriage.
Registration of Arya Samaj Marriage as per Hindu Marriage Act:
1. Registration is finished with any Sub-divisional Magistrate, offline. Another choice accessible at couple of purviews like Delhi is of online enlistment. An appointment comes following 15 days.
2. Fulfilling the customs of enrollment form.
3. Any document that provides the date of birth of the individuals.
4. Two passport size photographs of both the parties are required, also one marriage photograph and Marriage invitation card (optional).
5. Attestation of gazette officer is mandatory
6. After satisfying every one of the customs, it is the obligation of the session court to give the couple a marriage declaration.
7. A marriage enrollment cost around INR 100-200.
Anant Naithani vs. State of Uttarakhand (2013)
In the said case the High Court of Uttarakhand watched that the Arya Marriage Validation Act, 1937 provided for the grant of a marriage testament nor approved any individual to do as such. It was in this manner held that a marriage testament issued by any Arya Samaj Mandir had no lawful impact, with the exception of if an endorsement was given by the individual issuing the marriage certificate that he was a witness to the marriage.
Arya Samaj marriages can't get dropped or divorce can't occur in the Arya Samaj Mandir, it just needs to occur in the court, Mandir are not legitimate authority to record an application for separation. The separation decree issued by the court is substantial all around the world.
June 30, 2017 Union of India and another vs. Deoki Nandan Aggarwal, AIR 1992 SC and Balram Kumawat vs. Union of India, (2003), a solitary judge passed a certain lead and bearings/directions when couple pick to marriage through Arya Samaj. So it was tested by the Gwalior bench of Madhya Pradesh that as of now controls have been issued by the Arya Samaj authorities and it's their inside issue and in spite of the laws of the Arya Samaj Validation Act, 1937. Hence the choice of the single judge was not maintained and furthermore said that he isn't equipped to issue such bearings.
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