New Delhi: The Supreme Court on Friday refused to grant legal recognition to the marriage certificate issued by the Arya Samaj. A bench of justices Ajay Rastogi and B V Nagarathna said the function and jurisdiction of the Arya Samaj is not to issue marriage certificates. The issue of marriage certificate is done by the competent authority. The actual certificate should be submitted before the court.
Actually, this is the case of love marriage. In which the girl's family had lodged an FIR of kidnapping and rape of their girl, saying that it was a minor. The girl's family filed a case against the youth under Sections 363, 366, 384, 376(2) (n) of the IPC, besides 384, under Section 5(L)/6 of the POCSO Act, while the youth said that the girl was an adult and had to marry of her own free will and right. The wedding took place at the Arya Samaj temple. The youth also presented a marriage certificate issued by the Central Indian Arya Pratinidhi Sabha. But the Supreme Court refused to accept it.
In this case, the top court had in April agreed to hear a petition challenging the Madhya Pradesh High Court order. Justices K M Joseph and Hrishikesh Roy then asked the Arya Pratinidhi Sabha to incorporate the provisions of Sections 5, 6, 7 and 8 of the Special Marriage Act, 1954 in its guidelines within a month.
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