ANANT NAITHANI Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-4-57
HIGH COURT OF UTTARAKHAND
Decided on April 15,2013

Anant Naithani Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

Barin Ghosh, J. - (1.) HINDU Marriage Act, 1955, as provided in Section 4 thereof, has an overriding effect over any text, rule or interpretation of Hindu law or any custom or usage as part of that law in force immediately before the commencement of the Act or any other law in force immediately before the commencement of the Act. Section 5 of the Act provides, amongst others, that a marriage may be solemnized between any two Hindu if, amongst others, the condition that the bridegroom has completed the age of twenty -one years and the bride the age of eighteen years at the time of marriage has been complied with. Every Hindu, governed by the said Act, is bound by the conditions mentioned therein. Prior to coming into force of the Hindu Marriage Act, The Arya Marriage Validation Act, 1937 came into force. The said Act validated inter -caste marriage between Hindus. Inter -caste marriage being not barred under the Hindu Marriage Act, The Arya Marriage Validation Act, 1937 is still in force. The writ petition seeks a direction upon the Court to identify Arya Samajists. A look at the provisions of the Arya Marriage Validation Act, 1937 would make it amply clear that Arya Samajists are those Hindus, who believe in inter -caste marriage. Therefore, any Hindu, who believes in inter -caste marriage, should be deemed to be an Arya Samajist. It has been contended in the writ petition that Arya Samaj Mandirs situate in the State are solemnizing marriages and issuing certificates pertaining to such marriages. The fact remains that Arya Marriage Validation Act, 1937 does not contemplate granting of any marriage certificate, nor the same authorises any person, juristic or otherwise, to certify any such marriage. On the other hand, the Hindu Marriage Act permits registration of Hindu marriages. Therefore, in this writ petition, the only declaration that can be granted is that a marriage certificate issued by any Arya Samaj Mandir has no legal effect, except a certificate given by the person issuing the certificate of marriage that he was a witness to the marriage.
(2.) THE writ petition is disposed of.;


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