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Court clarified that Arya Samaj marriages are not invalid merely due to lack of registration. What matters, it said, is the actual performance of Hindu rites like Saptapadi during the ceremony
In a significant judgment, the Allahabad High Court has held that a Hindu marriage solemnized in an Arya Samaj Mandir in accordance with applicable rites or ceremonies of Hinduism is a valid marriage under the Hindu Marriage Act, 1955.
Court emphasized that while registration strengthens evidentiary value, the absence of registration does not nullify a validly performed marriage.
"The place is not relevant for performing marriage as per section 7 of the Hindu Marriage Act. It is Hindu customs and rites which is relevant for the valid marriage," court stressed.
The bench of Justice Arun Kumar Singh Deshwal made the observation while dismissing a plea by one Maharaj Singh, who had sought quashing of criminal proceedings in a dowry harassment case registered by his wife. The applicant had argued that there was no valid marriage between them as the ceremony was conducted in an Arya Samaj temple and the issued certificate had no statutory force.
Rejecting the contention, the court observed that what determines the validity of a Hindu marriage is not the place of ceremony or the issuing institution, but whether the marriage fulfills the conditions laid down in Section 7 of the Hindu Marriage Act—namely, solemnization through customary rites and ceremonies, including Saptapadi (seven steps before the sacred fire) when required.
"In Arya Samaj Mandir, marriage is conducted as per the Vedic procedure, which includes Hindu customs and rites like Kanyadan, Panigrahan, Saptapadi, and chanting of Mantras while applying vermilion...(therefore) any marriage solemnized in Arya Samaj Mandir as per the Vedic procedure is valid marriage as it fulfills the requirements of Section-7 of the Hindu Marriage Act," the court said, adding that "though certificate issued by Arya Samaj may not have a statutory force of prima facie validity of marriage. But the certificate issued by Arya Samaj regarding performance of marriage is not a waste paper, it can be proved by the Purohit (who performed the marriage) as per the provisions of Bharatiya Sakshya Adhiniyam, 2023 during the trial of the case".
The court referred to the Supreme Court’s ruling in Dolly Rani v. Manish Kumar Chanchal (2025) and reiterated that registration of a marriage under Section 8 of the Hindu Marriage Act merely facilitates proof of marriage and cannot confer legitimacy on a union that was never solemnized as per the hindu customs and rites mentioned in Section 7 of the Hindu Marriage Act.
In the present case, the complainant had filed an FIR under Sections 498A and 506 of the IPC, alleging cruelty by her husband post-marriage. The husband contended that there was no valid marriage and that the Arya Samaj certificate was forged. However, the court noted that both the complainant and the priest who performed the wedding had affirmed the performance of Vedic rites at the couple's marriage.
On the charge of cruelty, the court cited the Supreme Court’s recent judgment in Aluri Venkata Ramana v. Aluri Thirupathi Rao, which held that the absence of a dowry demand does not dilute the offence under Section 498A, if other forms of cruelty are proven.
Accordingly, the high court refused to exercise its inherent powers under Section 482 CrPC to quash the proceedings. The husband's application was dismissed on April 8, 2025.
Case Title: Maharaj Singh Vs. State of U.P. and Another
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