SC agrees to examine MP HC's order directing to comply with Special Marriage Act provisions while solemnizing Arya Samaj marriages
Apr 05, 2022
New Delhi [India], April 5 : The Supreme Court has agreed to hear a petition challenging the Madhya Pradesh High Court order which had directed an organization to comply with the provisions of the Special Marriage Act, 1954 while solemnizing Arya Samaj marriages.
A bench of justices K.M. Joseph and Hrishikesh Roy issued notice to Madhya Pradesh and other respondents on the petition filed by Madhya Bharat Arya Pratinidhi Sabha.
The top court has also stayed the order of the Madhya Pradesh High Court.
The petitioner society has challenged the Division Bench of Madhya Pradesh High Court order dated 8 October 2021.
Vide the impugned judgment, the Division Bench of the High Court has upheld the Single Judge's Judgment dated 9 December 2020, vide which it was directed that the petitioner society, while solemnizing Arya Samaj marriages has to comply with the provisions of the Special Marriage Act, 1954.
"No one other than the competent authority under the Special Marriage Act, 1954 can issue marriage certificates," the High court had directed further.
According to the petition, the society was constituted in the year 1951 and is the nodal society, having jurisdiction over all Arya Samaj Mandir affiliated to it in Madhya Pradesh.
Senior advocate Shyam Divan and lawyer Vanshaja Shukla, representing the Madhya Bharat Arya Pratinidhi Sabha, have submitted that the High Court has committed an error in transgressing into the domain of Legislature, by in effect directing that Arya Samaj marriages conducted by the Arya Samaj Temples under the jurisdiction of the Petitioner Society in MP have to solemnize the said marriages in consonance of the provisions of the Special Marriage Act.
"That neither the Arya Marriage Act nor the Hindu Marriage Act provides any prerequisite conditions similar to Sections 5 to 8 of the Special Marriage Act, for solemnizing marriage between two Arya Samajists," said the petitioner.
"Thus, the High Court has wrongly directed that the Arya Samaj Temples should solemnize the marriages after complying with the provisions of Sections 5, 6, 7 and 8 of the Special Marriage Act, which provide for prerequisite conditions viz, a notice of intended marriage, publication of the notice, marriage notebook, objection to the marriage and the procedure," added the petitioner.
The petitioner said that the judgment of Madhya Pradesh HC can set a bad precedent for all the marriages conducted by the Arya Samaj society across India and abroad.
