Certificate issued by Arya Samaj Mandir alone can't prove legal marriage: Allahabad High Court dismisses habeas corpus plea

The Allahabad High Court recently dismissed a Habeas Corpus writ petition moved by a man to regain his alleged wife from illegal custody. Court noted that the alleged marriage was not registered and only a certificate issued by one Arya Samaj Mandir was placed before the court as proof of marriage. 

The bench of Justice Saurabh Shyam Shamshery observed that the court has been flooded with the marriage certificates issued by different Arya Samaj Societies which has been seriously questioned during different proceedings before various high courts.

"The said institution has misused their beliefs in organizing the marriages without even considering genuineness of documents and since the marriage has not been registered, therefore, only on the basis of the said certificate it cannot be deemed that the parties have married," the court held. 

Further relying on Mohammad Ikram Hussain v State of U.P. and others (1964) and Kanu Sanyal vs. District Magistrate Darjeeling, (1973), court said that the habeas corpus is a prerogative writ and an extraordinary remedy which cannot be issued as a right but only on reasonable grounds or when a probability is shown.

Therefore, stressing that the petitioner had other remedies available for the purpose under criminal and civil law, court held the present writ petition for habeas corpus not maintainable.

Moreover, the court stated that in the present case, the corpus (alleged wife) was a major and an FIR had been lodged against the petitioner-alleged husband by the father of the corpus, therefore, there was no question of illegal detention. 

Accordingly, court dismissed the man's plea. 

Recently, a Supreme Court bench of Justices Ajay Rastogi and Nagarathna on June 3, 2022 remarked that Arya Samaj Societies cannot issue marriage certificates. The top court was hearing a matter where a person accused under the provision of the Protection of Children from Sexual Offences Act (POCSO Act) sought his release on bail and filed a plea before the Top Court.

During the hearing, the court was informed that the prosecutrix was a major girl and marriage between the accused and prosecutrix had already taken place at Arya Samaj and the marriage certificate was also available on record.

However, the apex court dismissed the accused's bail plea while remarking, “Arya Samaj has no business giving marriage certificate. This is the work of authorities. You show the real certificate.”

Apart from that, the Madhya Pradesh High Court is also seized of a case involving religious conversion inside a temple for purpose of an inter-faith couple's marriage. The high court has framed an array of issues to consider pertaining to the capacity of the self-styled Trusts like Arya Samaj Mandir to perform religious conversions and solemnize peoples' marriages.

Case Title: Bhola Singh And Another v. State Of U.P. And 5 Others