Legality of Arya Samaj Marriage and Divorce

Legality of Arya Samaj Marriage and Divorce

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Legality of AryaSamaj Marriage and DivorceLegality of AryaSamaj Marriage and Divorce
Legality of AryaSamaj Marriage and Divorce
Legality of AryaSamaj Marriage and Divorce

The founder of AryaSamajwas Swami DayanandaSarasvati. It was founded in 1875. AryaSamaj members have their own way of performing all functions with different rituals. In case of marriage by AryaSamaj it is bit similar to Hindu Marriage but also different due to distinct rituals. For both Hindu and AryaSamaj Marriage different legislation are there which validates such marriage.

Method of Solemnization of AryaSamaj Marriage-

  • Aryasamaj marriage is solemnized according to the AryaSamaj Marriage Validation Act, 1937 with provisions of Hindu Marriage Act, 1955. It also includes the Vedic rituals of Aryasamaj. All the Hindu laws of marriage is also applicable to the Aryasamaj marriage.
  • People of Aryasamaj do not believe in idol worshiping so the rituals of marriage are different from Hindu rituals.

Eligibility for AryaSamaj Marriage

  1. Age of the groom must be 21 and bride 18.
  2. Any person who is Hindus, Buddhists, Jains, Sikhs can perform AryaSamaj Marriage.
  3. Any person who is not Muslims, Christians, Parsis or Jews can also perform AryaSamaj Marriage.
  4. Inter-Caste Marriages and Inter-Religious Marriages can also be performed in an AryaSamaj Marriage provided none of the marrying persons are Muslims, Christians, Parsis or Jews.
  5. If a non-Hindu couple would like to perform the marriage, the Samaj allows them to get converted through a process called Shuddhi. Muslims, Christians, Parsis or Jews, if, out of their free will and consent are ready to convert and embrace Hindu Religion, the AryaSamajMandir perform a ritual called shuddhi meaning purification for such conversion, and thereafter, such a convert can perform AryaSamaj Marriage.

How to get a divorce in marriages solemnized under AryaSamaj Marriage customs

Divorce can be taken in Aryasamaj by-

Legality of AryaSamaj Marriage and Divorce

Divorce in AryaSamaj through mutual consent

Section 13-B (divorce by mutual consent) makes provision for divorce by mutual consent on the ground that-

  • Both the parties to the marriage have been living separately for a period of one year or more,
  • They have not been able to live together, and
  • They have now mutually agreed for the dissolution of the marriage.

Divorce in AryaSamaj without mutual consent

  1. If other party in a marriage have sexual intercourse with someone else after solemnization of the marriage, it results in a valid ground for divorce without mutual consent under the Hindu Marriage Act;
  2. After the solemnization of the marriage, treated the partner with cruelty;
  3. The other party has deserted the divorce seeker for a continuous period of not less than two years, immediately preceding the presentation of the petition;
  4. The other party has ceased to be a Hindu by conversion to another religion;
  5. The other party has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent, that the divorce seeker cannot reasonably be expected to live with the other party in a marriage.
  6. The other party has been suffering from a virulent and incurable form of leprosy;
  7. The other party has been suffering from venereal disease in a communicable form;
  8. The other party has renounced the world by entering any religious order;
  9. The other party has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, if the party had been alive.

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