The Allahabad High Court has clarified that a marriage performed without religious conversion will be considered legally invalid. The court has ordered an investigation into Arya Samaj institutions that issue such marriage certificates.
Allahabad HC: Amidst the ongoing debate regarding religious conversion and interfaith marriages, the Allahabad High Court has delivered a significant verdict. The court has clarified that if two individuals belong to different religions and marry without undergoing religious conversion, the marriage will be legally invalid. This decision has sparked a new debate in the state regarding the validity of marriages performed on a religious basis.
Questions Raised on the Role of Arya Samaj Temples
This case specifically focuses on the institutions that issue marriage certificates. The court stated that organizations like the Arya Samaj are issuing marriage certificates without a valid procedure and religious conversion. The court has deemed such marriages a violation of the law. The court has ordered an investigation into all such Arya Samaj temples that are providing marriage certificates to interfaith couples without following due legal process.
DCP-Level Officer to Conduct Investigation
A single bench of Justice Prashant Kumar has ordered the Principal Secretary (Home) of the Uttar Pradesh government to have the Arya Samaj societies investigated by an IPS officer of DCP level. The report of this investigation must be presented to the court in the form of a personal affidavit by August 29, 2025. This action is considered significant as it may curb the activities of issuing fake marriage certificates.
Case Background: Maharajganj Case
The case originated from the Nichlaul police station area of Maharajganj district in Uttar Pradesh. Here, an FIR was registered against a person named Sonu alias Sahnur for kidnapping, rape, and under the POCSO Act, involving a minor girl. The accused filed a petition in the High Court seeking the quashing of the trial proceedings.
Claim of Marriage in Arya Samaj
In the petition, the accused stated that he had married the victim in an Arya Samaj temple and that the girl had now attained majority. Based on this, he requested that the criminal proceedings against him be terminated. However, the court did not accept this argument.
Objection of Government Advocate
The government advocate clearly opposed the petitioner's arguments. He stated that the petitioner and the victim belong to different religions and that their marriage took place without any religious conversion, which is invalid in the eyes of the law. On this basis, the court dismissed the accused's petition.
Court's Strict Remark
The court remarked that such marriages are not only illegal, but also a threat to the social and legal order. The court also stated that there are serious flaws in the process of issuing marriage certificates by Arya Samaj temples and that they should be thoroughly investigated.
Strictness Necessary on Fake Certificates
The court also directed that strict monitoring be kept on such institutions that are issuing marriage certificates without valid documents. The court said this particularly in the context of minors and couples of opposite religions.
