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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
DINESH MEHTA
Arpit Gulechha S/o Sh. Mahavir Chand Gulecha – Appellant
Versus
State Of Rajasthan, Through The Principal Secretary To The Government, Department Of Local Self Government – Respondent
ORDER :
Dinesh Mehta, J.
1. By way of present writ petition, the petitioners have challenged action of the respondents (Municipal Corporation North and South), who have refused to grant certificate of registration of marriage to them, despite having solemnized their marriage as per Vedic Rites and Rituals in ‘Merti Gate Arya Samaj’ on the ground that said branch of Arya Samaj is not enlisted in the list supplied by Arya Pratinidhi Sabha Rajasthan.
2. Mr. Purohit, learned counsel for the petitioners argued that the petitioners have solemnized their marriage as per the provisions of the Arya Marriage Validation Act, 1937 (hereinafter referred to as ‘the Act of 1937’) by performing Hindu rituals (Arya Vedic Rites). He argued that irrespective of the fact that a marriage has been solemnized in some temple or in some Arya Samaj which is enlisted in the Arya Pratinidhi Sabha Rajasthan or not, the petitioners’ statutory right of getting their marriage registered, cannot be denied.
3. Mr. Chug, learned counsel appearing for the respondent – Municipal Corporation submitted that the Arya Samaj, where the petitioners got their marriage solemnized, namely, Merti Gate Arya Samaj is not mentioned in
Registration of marriage cannot be denied based on the branch's enlistment; laws provide a statutory right to register marriages performed in accordance with Hindu rituals.
A marriage performed in Arya Samaj is valid if conducted according to Hindu customs and rites, and cruelty under IPC can be established without evidence of dowry demands.
Point of Law : The only condition for registration of marriage as per Rule 6 of Rules, 2008 is that marriage is to be solemnized.
Marriage under Hindu law requires performance of essential ceremonies; mere documentation is insufficient to establish valid marital status.
Restitution of conjugal rights – Where marriage itself is not proved, decree for restitution of conjugal rights cannot be sustained.
The State is mandated to accept and register Christian marriages under the Indian Christian Marriage Act, 1872, ensuring legal recognition through civil registration frameworks.
The validity of a marriage and entitlement to restitution of conjugal rights under the Hindu Marriage Act, 1955 are contingent upon the existence of a valid marriage, as evidenced by the performance ....
Marriage validity requires proof of coercion; the appellant failed to demonstrate lack of consent as per the Hindu Marriage Act.
The court underscored the necessity for genuine documentation in marriage registrations, emphasizing protection against fraudulent practices and safeguarding the rights of individuals, particularly m....
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