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Arya Samaj Marriage and Court Marriage | Company Vakil

What is Arya Samaj Marriage

Arya Samaj Marriages, are conducted between those Hindus wherein one of them is a Buddhist, Jain or Sikh. The Arya Samaj Marriages, clubs all the Hindus into one broad spectrum. The rituals of the Arya Samaj marriages are exactly the same as any Hindu marriage, wherein the hymns are recited, in front of the fire and garlands are exchanged between the bride and groom. However, it is important that the people getting married under the Arya Samaj should be Hindus (i.e. not be a Muslim, Parsi or Christian). The Arya Samaj Marriage is also governed by the Arya Samaj Marriage Validation Act, 1937.

Registration of Marriages under the Arya Samaj

The marriages under the Arya Samaj should be properly validated through registration of the marriage, which makes the couple valid in the eyes of the law. The marriages are supposed to be registered in accordance with the Section 8 of the Act.

  • Registration under the Hindu Marriage Act or Special Marriage Act: The registration of the Arya Samaj Marriage has to be done in the Hindu Marriage Act, 1958 when both the parties entering into the marriage belong to the same category, while the marriage can be registered under the Special Marriages Act, 1954 after solemnization, if one of the partners is Sikh, Buddhist or a Jain, hence falling into the niche category of inter-caste Hindu marriage.
  • Registration of Marriage by Sub-Divisional Magistrate: The court directs that the couples are to be protected through the provisions of law; hence the registration of the marriage in the court of law is a necessary step that has to be taken. Though non-registration doesn’t necessarily make the marriage void, the registration is a more safeguarding process. The couple has to provide certain documents which would successfully register the marriage. The documents that are to be so furnished range from identity and address proof, marriage photograph, witnesses present in the wedding and proof of the competent age of both the bride and groom.

The procedure of Registration of Arya Samaj Marriage

The procedure of registration of an Arya Samaj Marriage is very simple and non-complicated; the procedure of Arya Samaj Registration can be explained as follows:

  1. Appointment with the Sub-Divisional Magistrate – An appointment with the sub-divisional magistrate is sought, this has to be done 15 days prior of registration since registration can’t be done on a hand-to-hand basis.
  2. Filling Registration Form – The designated registration form is filled, with the required credentials as sought by the form; this would require the names, address, and age of the couple registering their marriage.
  3. Supporting Documents – Supporting documents are required for verifying details mentioned in the registration form. The identity and address proof, along with the age proof is required.
  4. Photographs – Photographs of the bride and groom are required, along with marriage photograph of the couple.
  5. Witnesses – Two witnesses are required who will verify and validate the solemnization of the marriage, the witnesses can be anyone from the family or friends of the couple.
  6. Attestation by Gazette Officer – A gazetted officer is required to attest the documents and the registration form; he also successfully authorizes the registration of the marriage.
  7. Marriage Certificate – lastly, the marriage certificate is provided to the couple, and their marriage becomes valid in front of the eyes of the law.

Benefits of Arya Samaj Marriage

The Arya Samaj envelopes the whole Hindu community as one, and provides an easy way of getting married which is less tedious and time-consuming, some of the benefits of getting married under the Arya Samaj are:

  1. Its very Cost Effective and Less Time-Consuming – The procedure of getting married under the Arya Samaj is really cost-effective, since it doesn’t involve any extravagant ceremony or grandiose arrangement, and the ceremony concludes within 2-3 hours max.
  2. Simpler Traditions – The rituals and traditions in the Arya Samaj Marriage are similar to those under the Hindu Marriage, but since the Arya Samajhis don’t believe in iconoclasm, which makes their rituals much simpler.
  3. Two Witnesses Required – There are only two witnesses required in order to ratify an Arya Samaj Marriage, these witnesses can be anyone within the kin or anyone in the social circle.

Arya Samaj Marriage and Court Marriage

Though it wouldn’t be wrong to say that the Court Marriages are much more complicated and comprehensive than the Arya Samaj Marriage, but the spectrum of the validity of an Arya Samaj Marriage is much lesser than the Court Marriage. Even if the Arya Samaj Marriage is valid in the eyes of law, and provides for a valid marriage, a court marriage certificate is much more universally acceptable. For instance, the Arya Samaj Marriage might not be recognized in the foreign countries, but a Court Marriage certificate is valid universally since it’s registered in the records of the law. Court Marriages required a longer procedure as compared to the Arya Samaj Marriages, it may include publication of the marriage, writing a notice to the marriage officer notifying about the intended marriage and there is even a provision of raising an objection to the intended marriage, post-publication of the same. Whereas the procedure for registration under the Arya Samaj Marriage is much simpler and doesn’t require any prior written notice or publication. Only, the couple who are intending to get married should book the Arya Samaj Mandir, on a priority basis since on the spot registration is not possible.

For more information, visit Company Vakil website.

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