Supreme Court has stayed the High Court’s Order Prohibiting Arya Samaj Marriages

Women child Legal Marriage Law Insider

Khushi Doshi

Published on: April 5, 2022 at 16:31 IST

The Supreme Court stayed a Madhya Pradesh High Court Order directing the Arya Samaj to perform marriages in accordance with the Provisions of the Special Marriage Act, 1954.

A Bench of Justices K M Joseph and Hrishikesh Roy issued a Notice to the State of Madhya Pradesh after hearing a Plea filed by the Madhya Bharat Arya Pratinidhi Sabha, the Nodal Body of the sect’s temples in Madhya Pradesh.

The Sabha’s Petition to the Supreme Court challenges a Division Bench order of the Madhya Pradesh High Court, which upheld a Single-Judge verdict on December 17, 2021, directing the sect to Amend its 2016 guidelines and incorporate, within a month, the Provisions of Sections 5.6.7 and 8 of the Special Marriage Act. Under the Special Marriage Act, the HC also ruled that Marriage Certificates could only be issued by a competent authority.

The Sabha claimed in its Petition to the Supreme Court that the Samiti was not affiliated with it and that the High Court had intruded into the domain of the Legislature. It informed the Supreme Court that in the case of Arya Samaj marriages, the Hindu Marriage Act, and the Arya Marriage Act, 1937, take precedence over the Special Marriage Act, 1954.

Senior Advocate Shyam Divan and Advocate Vanshaja Shukla testified in the Sabha that the Arya Samaj, founded by Social reformer Swami Dayanand Saraswati, has been fighting against the Caste System and solemnising inter-caste marriages in its temples since its Inception.

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