The Supreme Court of India. Image used for representational purposes.
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The Supreme Court on Monday, 4 April, stayed a Madhya Pradesh High Court order, directing an Arya Samaj organisation that while solemnising marriages, it must comply with the provisions of the Special Marriage Act.
The petitioner organisation said it has jurisdiction over all Arya Samaj temples in Madhya Pradesh.
Counsel argued that the high court wrongly directed that Arya Samaj temples should solemnise 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, notice of intended marriage, publication of notice, marriage notebook, objection to marriage, and the procedure.
A bench of Justices KM Joseph and Hrishikesh Roy, after hearing arguments, stayed the Madhya Pradesh High Court order, which directed the organisation to amend its guidelines in accordance with the Act, and also issued notice to the Madhya Pradesh government.
The matter originated from a plea filed by an inter-caste couple in the high court in 2020, claiming they got married as per Arya Samaj tradition, and moved the court seeking direction to the state government to provide them protection.
The petitioner organisation denied the couple's claim in the high court and added that the organisation, which helped them marry, was not linked to it. A single bench judge at the high court in December 2020, issued specific directions to the Sabha to amend its guidelines to incorporate sections 5, 6, 7, and 8 of the Special Marriage Act, within a month. This verdict was upheld by a division bench of the high court in December 2021.
The plea contended that the high court's direction that marriage certificates will have to be issued by competent authority as per the Special Marriage Act, takes away power from Arya Samaj temples to issue certificates for marriage.
"It is accordingly submitted that with respect to Arya Samaj marriages, it's the Hindu Marriage Act and that the Arya Marriage Act that holds the field and not the Special Marriage Act."
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