The observation was made by Justice Arun Kumar Singh Deshwal while dismissing a petition filed by one Maharaj Singh who had sought quashing of a criminal case of dowry demand which was registered at the Hafizganj police station of Bareilly.
The petitioner contended that his marriage, as claimed by his wife, was not solemnised according to Hindu rituals in an Arya Samaj mandir and the marriage certificate issued by the concerned Arya Samaj mandir was forged and concocted.
The petitioner’s counsel argued that the criminal proceedings should be quashed as the marriage was not a valid marriage according to the judgment of the division bench of the high court in the case of Ashish Morya Vs. Anamika Dhiman. It was held in the case that registration of marriage itself cannot be a proof of valid marriage per se and would not be the determinative factor regarding the validity of marriage.
However, the court said marriages are conducted according to the Vedic procedure in Arya Samaj mandir. The procedure includes Hindu customs and rites like ‘kanyadan’, ‘panigrahan’, ‘saptapadi’ and the chanting of ‘mantras’ while applying vermilion and these ceremonies fulfil the requirements of Section 7 of the Hindu Marriage Act, 1955.
The court also clarified that though a certificate issued by Arya Samaj may not have a statutory force of prima facie validity of marriage, such certificates are not “waste paper” as they can be proved by the ‘purohit’ (the priest who performed the marriage) according to the provisions of Bharatiya Sakshya Adhiniyam (BSA), 2023, during the trial of the case. PTI COR RAJ KSS KSS
