#arya samaj marriage in rajasthan

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Arya Samaj Marriage In Rajasthan

Arya Samaj Mandir is a place where couples can opt for a simple and solemnized marriage ceremony according to Arya Samaj traditions. Arya Samaj weddings are known for their simplicity and adherence to Vedic rituals. The process typically involves the couple providing necessary documents such as age proof, residence proof, and photographs to the Arya Samaj Mandir, where the marriage is conducted.

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While traditional customs are still significant, modern influences are also evident in Indian weddings. Couples often incorporate contemporary elements into their ceremonies, such as personalized vows, thematic decorations, and modern music. Indian weddings are not just about the union of two individuals but also about the coming together of two families. The involvement of extended family and the community is a key aspect of the celebration. Indian marriages are a vibrant tapestry of customs, rituals, and celebrations that vary across regions, religions, and communities, making them a unique and colorful reflection of the country's cultural mosaic.

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Court Marriage in Jaipur | Rajasthan @5500

Couples seeking court marriage must both be of sound mind. The entire procedure relies on their free consent.

Both parties must present proof of age. Furthermore, neither has been married before in any capacity.

Couples must give notice of their intention to marry according to the second schedule of the special marriage act to the marriage officer in whose jurisdiction they live.

Court Marriage Procedure in Rajasthan

Court marriage is an uncomplicated, legal way of getting married without going through religious rituals. You can apply by submitting documents such as birth certificates, address proof and photographs - once these have been verified you can apply for your marriage certificate which should arrive about 30 days later; there is also an objection period during which any disputes can be raised with authorities.

To complete the process, both parties will need to submit a signed application form with documents of both parties. You can download or obtain this form online from your district court; once filled out it will request details such as these:

Registering your marriage differs significantly from court marriage in terms of timing and paperwork requirements; marriage registration requires prior notice to the registrar whereas court weddings don't. Furthermore, registrations need to take place within an established timeframe.

India recognizes two types of marriages: registered and court. Registered marriages fall under either the Hindu Marriage Act or Special Marriage Act and allow couples from any faith to marry legally.

However, before applying for marriage registration, both bride and groom should meet age criteria; males must be 21 and females 18 years old. Furthermore, neither should be in any prohibited relationship; otherwise you will need to provide proof such as divorce decree or death certificate as proof. Furthermore, active relationships should not exist at the time of filing; any such application will be rejected immediately.

Call Court Marriage Lawyer Advocate Kaushal +91 8287772088

Court Marriage Fees

If you are planning to marry, it is essential that you follow the proper procedures and pay all required fees. This will ensure your marriage is valid, which may help when applying for legal processes like home loans together. Furthermore, having a marriage certificate available should any issues arise between yourself and your partner in the future.

Cost of court marriage varies by state and depends on various factors, including type and length of time since wedding. Therefore, before beginning this process it would be wise to consult a lawyer so you are familiar with all state specific rules and regulations.

Before performing your marriage ceremony, both parties should make sure they are not involved in an active relationship; some relationships are prohibited by various Indian laws and religions. Furthermore, if either partner has died since your initial proposal date, an appropriate death certificate must be submitted as evidence.

Muslim marriage requires both male and female partners to perform their Nikah with assistance from a Kazi. Once this ceremony has taken place, registration of their marriage in court takes place, with certificates arriving shortly afterwards.

First step of registering a court marriage involves notifying the marriage officer of your intent to marry, which you can do by submitting an application form at the registrar's office. Next, collect all required documents such as Mangal Sutras, Dakshinas and sweets before signing a Declaration Form in front of three witnesses present at your ceremony.

Arya Samaj Marriage

Arya Samaj marriages are Hindu ceremonies performed according to Vedic traditions. This type of wedding ceremony emphasizes equality between partners while upholding ethics and spirituality - making it an excellent option for those looking for an uncomplicated ceremony without extravagances; its rituals emphasize simplicity while still upholding essential values.

Marriage ceremonies traditionally take place under a mandap, which is an elaborately decorated canopy set up around a sacred fire that serves as witness. Groom and bride exchange garlands as a sign of mutual appreciation before groom puts vermillion on bride's forehead and she wears mangalsutra around neck before feeding each other sweets before concluding the ceremony with Surya Darshan or sun greeting ceremony.

Two witnesses must also attend the ceremony, with at least one certified copy of their divorce decree for those that are divorced, or death certificates of deceased spouses for widowers.

Once an Arya Samaj marriage has taken place, it must be registered in a district court in order for it to become legally binding in India. Government agencies across India recognize Arya Samaj marriage certificates for official purposes such as applying for passports and visas as well as property registration and inheritance matters.

The Arya Samaj is an organization established by Swami Dayananda Saraswati to encourage inter-caste and inter-religious marriages between Hindus, Christians, Jains, and Sikhs. It does not restrict itself solely to Hindu marriages however.

Benefits

Court marriage provides couples of different religions, castes and nationalities an alternative means of solemnizing their union legally and inexpensively. It requires approval by both parents, marriage registrar and witnesses before proceeding with legal proceedings - it also gives couples access to government benefits such as pension, maternity pay and financial relief schemes that they would otherwise miss out on with traditional weddings.

Court marriages can often be completed quickly and smoothly in just hours, providing an alternative for couples having trouble with getting parental approval for their relationship. Furthermore, this method eliminates the need for guests and elaborate rituals and can create an intimate, private process suited for couples looking for peace and privacy during their ceremony.

Court weddings provide greater flexibility in terms of scheduling and location than regular weddings, which often require months-in-advance reservations. This makes court marriages ideal for couples with hectic work schedules as well as couples wanting a convenient location and time, like those avoiding traveling long distances for their big day.

Court marriage is legal in India and provides couples with numerous advantages over traditional weddings. Social security benefits, including maternity and widowhood allowances as well as medical insurance coverage may be available; tax exemptions under Section 80C of the Income Tax Act may also apply (with some restrictions applying). To make the most out of a court marriage, be sure to understand its rules and regulations, consult with an experienced lawyer prior to filing, as well as being aware of its objection period, which usually lasts 30 days after an application for marriage has been filed.

FAQS

Marriage is an important milestone in life, so it's essential that couples follow all necessary steps to ensure it's legal. Doing this will help avoid future issues as well as making passport or visa applications easier in the future if necessary.

Step one of registering a marriage involves giving notice to the Marriage Officer at your district court at least 30 days before your wedding. Following this, the ceremony itself is solemnized and issued a marriage certificate - although this process can be time-consuming, its benefits far outweigh its drawbacks.

Registering a marriage in Rajasthan requires meeting various requirements, including adult bride and groom who have valid reasons for marrying each other as well as not currently married or previously having had an ex-spouse who is either dead or divorced. Furthermore, both parties must provide proof of age and address.

Both partners must sign the Marriage Application form with their full names, addresses, and signatures and submit this packet of documents to the Marriage Registrar of their district court.

The Marriage Registrar will then review all information and documents submitted and assign a date and time for registration of your marriage. Both partners must attend as witnesses during registration; then he or she will present each couple with a marriage certificate from his or her office.

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Can Registration of marriage be denied to one of the couples being non-Indian?

Extra ordinary jurisdiction of the High Court under Article 226 of the Constitution of India was invoked by the petitioners for direction to the Registrar to register their marriage.

Background

The petitioners are claiming themselves to be a Hindu married couple and petitioner No.1 Ashwani Sharad Pendese is a resident of India, while the petitioner No.2 Singh Manohar Tej is a resident of Belgium. Both are seeking direction from the High Court to direct Registrar of Marriage to register their marriage and issue a marriage certificate to them. The Registrar has refused to register their marriage observing that their marriage cannot be registered because the petitioner No.2 is a Foreign National and he is not a resident of India.

Issue

Whether the Registrar of Marriage can refuse to register a marriage only on the ground that one person of the couple is not citizen of India?

Whether denial of registration to a foreign national, who solemnized marriage in India amounts to violation of his right of equality under Article 14 of the Constitution of India?

Facts

Both petitioners are claiming themselves as Hindu & state that their marriage is performed as per the Hindu rites and rituals, provided under the Hindu Marriage Act, 1955.

Arya Samaj, Ajmer has issued a certificate in this regard and thereafter, they submitted an application on 20.01.2010 before the Registrar of Marriage for getting their marriage registered and obtaining a marriage certificate but it was refused.

Objection of the Respondent State

The respondents had submitted a very short reply with regard to the maintainability of the petition only, on the ground of Section 3 of the Rajasthan Compulsory Registration of Marriages Act, 2009. Sole objection of the Respondents was one of the persons in the couple is not a citizen of India. Hence, their marriage cannot be registered, as per Section 3 of the Act of 2009.

No valid proof of marriage has been submitted by the respondents.

The certificate issued by Arya Samaj; Ajmer is not a valid certificate of marriage as per judgement of Allahabad High Court given in the case of Ashish Morya Vs. Anamika Dhiman reported in 2023 DMC 156 (All).

Observation of the Court

Section 1 of the act says Hindu Marriage Act (HMA) is applicable to the whole of India & to Hindus domiciled outside the territories.

Meaning thereby this Act is applicable upon both the Hindus, domiciled in the territories to which the Act extends & also to those who are outside the territories.

Section 8 of the Hindu Marriage Act, 1955 deals with the process of Registration of Hindu Marriages and mechanism have been provided for the State Government for compulsory registration of the marriages.

But it nowhere provides that a foreign national Hindu cannot get his marriage registered in India, if he/she has solemnized marriage, as per the requirement of Section 5 and 7 of the Act of 1955.

Hence, it is clear that provisions contained under Section 3 of The Rajasthan Compulsory Registration of Marriages Act 2009 are not in consonance with the provisions contained under Section 8 of the Hindu Marriage Act 1955.

On perusal of the format for registration of marriage as applicable in Rajasthan it is found that nowhere it is mentioned that both the bride and the bridegroom must be citizens of India.

As such denial of registration of a married couple only on this ground that one of them is not a citizen of India is not sustainable in the eye of law and the same is contrary to their own application form.

Similar issue came before various High Courts of India & looking to the legal pronouncements, it is explicit and ipso facto clear that for getting registration of marriage, it is not necessary that the party must be Citizen of India. The issue No.1 is answered in negative.

Fundamental rights are the basic human rights, exclusively reserved for the citizens of India and the same are not available to foreign nationals.

Except fundamental rights, the other rights are available not only to the citizens of our country but the same are available to the non-citizens as well.

The fundamental rights for foreigners in India are conditional and the same are not absolute, they can be subjected to reasonable limits rather than absolute.

Except for the rights protected by Article 20 and 21 of the Indian Constitution, the rest rights can be suspended during operation of any national emergency.

The constitution guarantees these rights without prejudice against any individual. They are meant to spread the concept of political democracy. They defend the people’s freedom and liberties.

Denial of registration of marriage to the petitioner No.2, being a foreign national, amounts to violation of Right to Equality (Article-14).  The issue No.2 is answered in affirmative.

Observation of the Court on Objection of the State

If the parties applying for registration of marriage proves that they have performed a valid marriage within the territory of India, as per the provisions contained under the Hindu Marriage Act, 1955 or the Special Marriage Act, 1954, they can apply for registration of their marriage and the Registrar of Marriage cannot refuse or deny to register their marriage and issue certificate of marriage.

In the present case, two objections have been raised by the respondents for denying registration of marriage of the petitioners. The first objection is that one of the petitioners i.e. the petitioner No.2 is not a citizen of India, this objection is not sustainable for the reasons stated in the previous paragraphs.

The second objection is that no valid proof of marriage has been submitted by the respondents, as per the terms of Sections 5 and 7 of the Hindu Marriage Act, 1955. If the petitioners submit valid proof about their marriage, in terms of the provisions contained under the Act of 1954, the respondents are supposed to register their marriage with immediate effect without any further delay.

Order

This writ petition stands disposed of with directions to Marriage Registrar to register the marriage of the petitioners and issue them the certificate of registration of their marriage, subject to the satisfaction that the petitioners have solemnized valid marriage.

Direction to the State

A general mandamus is issued to the respondents and the Chief Secretary of the State of Rajasthan to amend their guidelines and the requisite format of application for registration of marriage.

The above officials of the State and respondents are further directed to take steps for editing the requirement on the e-portal under the Hindu Marriage Act, 1955 as well as the Special Marriage Act, 1954 to ensure that the requirement of the parties being citizens of India is not insisted upon, if the parties concerned submit a valid proof of their marriage strictly in accordance with law.

The Chief Secretary and the Principal Secretary, Department of Economics and Statistics, Government of Rajasthan are further directed to take steps for compliance of the above directions within a period of three months from the date of receipt of this order

Clarification of the Court

Court has not expressed its opinion about any other rights of the non-citizens and foreign nationals, which are obviously subject to the restrictions provided under the Constitution of India and other laws applicable within the territory of India

Seema Bhatnagar

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ARYA SAMAJ MARRIAGE AND COURT MARRIAGE

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Are you finding a mandir for getting marriage then We are Welcoming in Arya Samaj Mandir in Jaisalmer, where every community belongs to Hindu, Sikhs, Buddhists and Jain Arya samaj mandir, which are always there for helping those people, who want to get marry.

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Arya Samaj Marriage In Rajasthan

Arya Samaj Mandir is a place of worship and community service, promoting Vedic principles and social reforms. The process typically takes one to two days, with additional time for court registration. Yes, Arya Samaj marriages are legally recognized in India. Required documents include age and address proof, photographs, and an affidavit of marital status. Yes, foreigners can marry in Arya Samaj Mandir, provided they fulfill the necessary legal requirements.

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While traditional customs are still significant, modern influences are also evident in Indian weddings. Couples often incorporate contemporary elements into their ceremonies, such as personalized vows, thematic decorations, and modern music. Indian weddings are not just about the union of two individuals but also about the coming together of two families. The involvement of extended family and the community is a key aspect of the celebration. Indian marriages are a vibrant tapestry of customs, rituals, and celebrations that vary across regions, religions, and communities, making them a unique and colorful reflection of the country's cultural mosaic.

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