Conditions Involved in an Arya Samaj Marriage

Arya Samaj was founded in 1875 by Dayanand Saraswati and since then it holds an important place in the country. These days many couples are inclined towards an Arya Samaj marriage which is slightly different from a marriage solemnised as per the Hindu Rituals. These marriages are budget friendly and easy to perform and get completed within a few hours. Arya Samaj does not support idol worship and hence, their marriages are conducted as per the Vedic rituals. These marriages are recognised under the Arya Samaj Marriage Validation Act, 1937 and the Hindu Marriage Act. Unlike the marriages performed under the Hindu laws, an Arya Samaj marriage also requires some documentation. After the completion of the marriage, the couple receives a marriage certificate which adds on to the legal sanctity of the marriage.

Index-

• Eligibility for an Arya Samaj Marriage 

• Rituals Involved in an Arya Samaj Marriage 

• Benefits on Opting for an Arya Samaj Marriage 

• Documents Required for an Arya Samaj Marriage 

• Time Taken by an Arya Samaj Marriage 

• Need for a Formal Registration after an Arya Samaj Marriage 

• Conditions for a Divorce under Arya Samaj Marriages 
• Conclusion 

Eligibility for an Arya Samaj Mandir 

The couple must fulfil the following requirements to be eligible for an Arya Samaj Marriage. These include-

• The girl must be of atleast 18 years of age while the boy must be of atleast 21 years of age.
• In order to solemnize an Arya Samaj Marriage, the couple must be from Hindu, Sikhism, Buddhism or Jain religion.
• An individual belonging to Muslim, Jain, Christian or Parsi religion cannot solemnise an Arya Samaj Marriage.
• Inter Caste Marriages and Inter Religion Marriages are also performed in an Arya Samaj, if none of the individuals is Christian, Parsi, Jew or Muslim.
• The individuals belonging to Muslim, Christian, Parsi or Jew religion can also solemnise an Arya Samaj Marriage, if they voluntarily perform a ritual called Shuddhi. Shuddhi is a ritual performed to covert a non-Hindu into Hinduism. After this voluntary conversion, a person can perform an Arya Samaj Marriage.

Rituals Involved in an Arya Samaj Marriage 

Arya Samaj Marriages are different from other Hindu marriages. They are performed as per the Vedic rituals. The rituals involved in an Arya Samaj Marriage include-

• Booking of the Arya Samaj Mandir premises in advance and submission of the requisite documents.
• The mandir authority stipulates a date for the solemnisation of the marriage after completing the initial formalities.
• Wedding rituals involve chanting of the holy Vedic mantras by the Panditji with their explanation. The next step involves the exchange of garland by the couple. The bride exchanges the garland first and then touches the groom’s feet, hand and face. Then the next ritual is called madhupark se satkar (which involves consuming of honey, curd and ghee) by the groom.
• Then the yagna begin, the groom wears a sacred thread.
• Then the bride’s parents do the kanya Daan and then the couple takes the pheres (holy rounds) around the fire.
• This step is followed by the ‘Pratigya Mantra’, wherein the couple hold hands and together take their wedding vows.
• The next step is called Shilarohan, wherein while the groom recites the mantras, the brother of the bride places her foot on a stone. 
• After this ritual, the bride and the groom take parikrama around the fire four times.
• The next ritual is called Kesh Mochan, wherein the groom undoes the bride’s hair gently, letting it cascade down freely.
• Now similar to the Hindu rituals, Saptapadi or seven holy circles around the holy fore is performed.
• The next step involved is called Hridaya Sparsh, wherein, the couple touch each other’s hearts and promise that they will always be tender hearted kind and gentle towards each other.
• The marriage rituals come to an end with the newly wed couple looking at the Dhruv or the Pole Star. The Arya Samaj Mandir Management Authority issues a Marriage Certificate to the couple.

Benefits on Opting for an Arya Samaj Marriage 

• Arya Samaj Marriages are a preferred choice for couples who wish to opt for a budget friendly marriage. These marriages are less flashy and easy to perform.
• It is not caste-centric and therefore is a common option which couples wishing to perform inter-caste marriages consider.
• Arya Samaj Marriages are legally recognized and valid. Couples can opt for hassle-free and voluntary inter religion, inter caste and love marriages as per proper Vedic Rituals.
• They are quick and east to perform and get completed within 2-4 hours. Documentation required while booking the Arya Samaj temples add on to its validity.
• Arya Samaj promotes marriages out of free will. It prohibits coercive marriages through proper documentation.
• Arya Samaj Marriages also prevent give and take of dowry. It also prevents child marriages as documentary evidences ensure the age of the couple.
• Arya Samaj marriages promote the mantra of equality. It follows the motto of “all human is human, NO CAST NO RELIGION ONLY ONE UNITED INDIA…!!”. 
• After solemnising an Arya Samaj Marriage, the couples receive a certificate which holds an evidentiary value and is given after collecting all the relevant documents and performing religious ceremonies. This document helps in the registration of marriage with the registrar. Marriage must be registered formally even after performing an Arya Samaj Marriage.

Documents Required for an Arya Samaj Marriage

 While booking an Arya Samaj temple, the couple needs to provide the following documents-

• The couple needs to submit 4 coloured photographs each. 
• The bride and groom need to submit separate affidavits stating their date of birth, present marital status along with an affirmation stating that the couple does not fall under the sapinda category.
• They also need to submit a proof of their date of birth and a proof of their address. (Aadhar Card, Voter I. Card, Driving Licence, Passport, Matriculation Certificate, any one of these).
• The couple needs to submit an age proof. The bride must be 18 or above while the groom must be 21 years or above. This proves that the couple is competent to get married.
• For attestation of the marriage, two witnesses are required. They must submit their age/ residence proof along with two passport size photographs.
• If the bride or the groom is a divorcee, they must submit a certified copy of the divorce certificate issued by the competent court.
• In case one of the spouse’s is a widow, they must provide a death certificate of the deceased spouse is required.
• If one of the parties wishing to contract the marriage is a foreign citizen or holds a foreign passport or a foreign residential address, then it must submit a NOC along with a certificate of the current marital status from the requisite foreign embassy.
• Along with the above documents some articles/items are also required. These include- a Mangal sutra, 2 garlands/jaimala and 2kgs sweets. 
• Once the marriage gets completed as per the rituals, the couple gets a marriage certificate from the Mandir authorities.

Time Taken by an Arya Samaj Marriage 

The Marriage under the Arya Samaj regime takes around 2-4 hours for completion. The temple management authority fixes a date on which the couple visits the temple with the requisite documents, things and the witnesses for attestation of the marriage. Marriage gets solemnised on the same day itself. The marriage takes place in the mandir premises itself as per the Vedic rituals.  After the completion of the marriage, the authorities issue a marriage certificate which is valid within India. For legal requirements and international recognition, the marriage must be registered with Sub Divisional Magistrate. 

Need for a Formal Registration after an Arya Samaj Marriage 

It is pertinent to note that getting marriage solemnised as per the Arya Samaj rituals do not qualify as formal registration of marriage. The marriage needs to get registered with the Registrar of marriages after the completion. Formal registration of marriage is a must for fulfilling visa requirements, applying for a work permit, for insurance and banking purposes, etc.

The certificate obtained from the mandir does not hold a formal recognition and hence, separate registration is mandatory. The Supreme Court in its judgment, Seema vs. Ashwani Kumar, held that it is a mandate for all the couples to get their marriages registered with the Registrar of Marriages. The Arya Samaj marriages have a legal recognition only within India and are not internationally accepted. Formal registration with the Sub-Divisional Magistrate is required to obtain a legal acknowledgment. The marriage certificate provided by the mandir authorities is valid as per the Hindu laws but still the registration is mandatory.

Conditions Involved in Divorce for Marriages Solemnised as per Arya Samaj Rituals 

The procedure involved in a divorce under the Arya Samaj Marriages is similar to the divorce proceedings under the Hindu Marriage Act. The couple can either opt for a mutual consent divorce or if one of the parties refuse to give a divorce, then the spouse can take course of a contested divorce. 

Divorce through Mutual Consent 

The Hindu Marriage act contains Section 13-B which provides for a divorce by mutual consent. In a mutual consent divorce, both the husband and wife mutually wish to opt for a divorce and together reach a settlement. 

The elements required for the mutual consent divorce include- 

• Both the parties must be living separately for more than a year.
• Their marriage is completely broken down with no scope for reconciliation.
• They must voluntarily and mutually agree for a mutual consent divorce.

Contested Divorce 

In this type of divorce both the parties fight against each other for a divorce. A divorce can involve disagreements on various issues like child custody, visitation rights, alimony/ maintenance, distribution of assets, etc. which brings the parties to litigate before the court. It can be initiated by either spouse when the other is not ready or when disagreements exist on allied issues like child custody, etc or on the basis of the grounds mentioned under the Hindu Marriage Act. The grounds for filing a divorce, mainly include-

• Cruelty- can be physical or mental, repeated denial of sex and impotency is also a ground for divorce.
• Adultery – consensual sexual intercourse outside marriage.
• Desertion – must be for a reasonable period of time
• Mental Disorder
• Conversion of religion
• Renunciation of world
• Spouse not heard of for 7 years 
• Communicable disease and impotency

The couple can also seek for a judicial separation or restitution of conjugal rights. Both these orders are passed by the court, in some cases, to check whether there exist the chances to reconcile the marriage. If the marriage does not work out even after these two orders, then the court may proceed with the usual divorce proceedings.

Conclusion  

An Arya Samaj Marriage can be a suitable option if the couple wishes to opt for a hassle-free and budget friendly marriage. The marriage is performed as per the vedic rituals and is recognised within the country. The certificate received after the solemnisation of marriage can further aid in the easy registration of the marriage. Arya Samaj Marriage also caters to the socio-economic factors like it prevents give and take of dowry, prevents child marriage, marriage without free will or coercion. 

Our family law team at RCIC, is well versed with all requisite conditions involved in an Arya Samaj Marriage. We take up all type of complex issues involved in the family law. From conditions involved in solemnization of marriage to its formalization and registration, our team can help you at each step. We can help you with the procedure. We also specialise in NRI marriages and registration. Our team also handles divorce related cases. From mutual consent divorce to contested divorce and out of the court settlement, our team of lawyers can help you with all the issues pertaining to a divorce. We can also assist in allied issues like chid custody, alimony, property division, domestic violence, etc. We can also guide you with the steps involved in a divorce if your marriage was solemnised as per the Arya Samaj marriage rituals.