The Supreme Court in Sunil Lora v State of Rajasthan refused to accept a marriage certificate issued by Arya Samaj while considering the bail application of an accused against whom FIR was registered for offences relating to kidnap and rape of a minor. The Bench observed that "Arya Samaj has no business giving marriage certificate. This is the work of authorities. Show the real certificate."
Recently, the Allahabad High Court in Kapil Kumar v. State Of U.P. And 3 Others also ordered an inquiry into the certificates issued by a 'Pradhan' of Arya Samaj temple.
Such marriage certificates issued by various organisations have been flooding the courts recently. It is for the information of the general public that a marriage certificate issued by the appropriate authority alone as mandated by a statute or legislation is valid.
To curb this menace of fake certificates, the Allahabad Bench ordered an inquiry to be conducted through an officer not below the rank of Circle Officer and directed thus:
“...we, therefore, direct the Senior Superintendent of Police, Prayagraj to get an investigation conducted in the manner and methodology of functioning of Arya Samaj Kydganj, Prayagraj through its alleged Pradhan Santosh Kumar Shastri while issuing marriage certificate. An enquiry would be got conducted as to whether the marriages in fact are being performed or it is just issuing empty certificates of marriage."
Expressing difficulty in determining the factum of marriage in the manner certificates are being issued by the person concerned, and to avoid any future disputes it was directed that the inquiry be conducted at the earliest.
The court further added that “...... these young boys and girls enter into their relationships very often due to infatuation or other reasons, which may be for limited period. The difficulty we see for these youngsters is that if their relationships break, there is none to support them. The families distance them and apparently there are no other social security mechanism in place for these young girls. The Constitution respects their freedom but the Court, while granting them protection, also has the obligation to secure them from any possible ills, later,”