Jaipur: Quick Arya Samaj marriages which come in handy for lovers in a hurry will have to undergo changes following a Rajasthan High Court directive. (Agencies)
A division bench of the court has placed a ban on any such love marriage unless parents of both the bride and bridegroom are informed through police about the intention of their children to enter into wedlock.
A bench comprising justices Dalip Singh and Sajjan Singh Kothari also ruled that no love marriage through Arya Samaj will be allowed to be solemnised unless it has been approved and recommended by two distinguished person of both the sides.
It has been made compulsory that both the boy and girl produce three prominent persons as witness of the marriage from either side at Arya Samaj if their parents object to the marriage.
The court directed that in case Arya Samaj authorities decide to go ahead with the ceremony despite objections of the parents, they will have to separately record the reasons for entering into such a marriage.
Expressing displeasure over the manner in which such marriages are being conducted by the Arya Samaj in Rajasthan, the court said, "The pious purpose of the Arya Samaj mission has been lost sight at by local units in the state and they are becoming tool for passification of 'greed and lust' for girl and boy and once it is over the marriage lands in courts resulting in irreversible breakdowns".
In its order, the court directed that at least six days time must be given to the parents of both side to take a conscious decision on such a love marriage.
"It takes them one hour to solemnise a marriage between a 18-year-old girl and a 38 or 40-year-old gentelman which leaves scars forever in the life of parents who bring up their children with great passion and aspirations. Such marriages in lust and greed by young blood cannot be said to be correct.
"We cannot allow society to suffer due to outcome of such a bad marriage. Such marriages are giving bad message to society and need to be checked immediately," observed Justice Kothari.
The bench passed this order on a Habeas Corpus petition filed by 34-year-old Buddha Ram Meena who entered into such a marriage with 18-year-old Maina Bhatt. When the parents of girl came to know about the marriage, they took her away forcing Buddha to file a Habeas Corpus petition.
"We fail to appreciate Arya Samaj becoming a tool of such passification. The persons running Arya Samaj are minting money by such quick marriages resulting a serious problem in society," observed Justice Dalip Singh.
Noting that young boys and girls have no source of income and decide to marry and then get divorced in a spur of a moment, the court said this is adversely affecting social life and culture and such a deterioration of society cannot be tolerated.
The court directed the apex body of Arya Samaj in India, Sarvadeshi Arya Pratinidhi Sabha, to keep a check on their local units in the entire country and see that no marriage is performed using Arya Samaj as a tool.
It further directed that the certificate of Arya Samaj about the factum of marriage will now be singed by the President, Secretary and the priest and no Arya Samaj marriage will be registered by local government bodies unless the certificate has signature of all the three persons.
The bench has ruled that a notice of the intended marriage containing the name of the boy and girl will be prominently displayed on notice boards of collector, local police station, and Arya Samaj and a copy will also be sent by registered post to parents of both the parties.
Directing the Principal Secretary, Department of Home Affairs Rajasthan to supply a copy of the court's guidelines to the Superintendents of Police in their local areas, the court asked them to check marriages which are performed by Arya Samaj without informing the parents of the girl and the boy.
The Home Secretary has also been asked to ensure that the guidelines issued by the bench are properly and prominently circulated and supplied to the provincial and apex body of Arya Samaj.
The court also took a serious view of the fact that Arya Samaj unit at Vidhyadhar Nagar here run by it. President Pavan Pareek, an advocate, allowed such marriages overlooking the age factor of the parties.
The court directed the police to make an investigation which allegedly revealed that the President amassed huge money by way of donation and has a residential unit costing Rs 30 lakhs and the funds were never audited.
"You give a receipt of Rs.250 and take Rs 10,000 to 20,000 as donation in form of black money. Your accounts are un-audited, you have earned a huge property, you do not follow laws, you do not inform the parents of either parties and it results in unwarranted litigation of Habeas Corpus being filed in this court daily.
"We cannot spare anyone even if he is an advocate if his acts are contrary to law. The foundations of Arya Samaj cannot be given a go-by," the court said.
The court directed all Arya Samaj units to follow the basic guidelines given in chapter 4 of Stayarth Prakash book forming the origin of Arya Samaj movement and the Arya Samaj marriage rules framed on October 10, 1993 by the apex body of Arya Samaj in India.
The court further directed that the funds received and the property purchased by owners of Arya Samaj shall also be annually audited and the audit report will be submitted to the Registrar Co-operative.
The bench said it is the duty of the Registrar to look into accounts of all Arya Samaj units registered and recognised in Rajasthan.
Jaipur: Quick Arya Samaj marriages which come in handy for lovers in a hurry will have to undergo changes following a Rajasthan High Court directive.