Arya Samaj marriages in Indian courts. Issue 2 (4th May 2022)

• Record Type: Journal Article
• Authors: Agrawal, Anuja
• Is Part Of: Indian law review. Volume 6:Issue 2(2022)
• Page Start: 127
• Page End: 146
• Publication Date: 2022-05-04
• Subjects: Non-conformist marriages -- Arya Samaj -- Arya Marriage Validation Act 1937 -- Hindu Marriage Act 1955 -- legal pluralism; Law reviews -- India -- Periodicals; 340.0954
• DOI: 10.1080/24730580.2020.1821324
• Languages: English
• ISSNs: 2473-0580

Abstract

ABSTRACT: Contrary to what one may expect, some religious bodies such as Arya Samaj, are prominent in providing marriage services to Indian couples who marry in defiance of familial and social expectations. It is notable that with an increasing number of couples approaching courts to seek state protection after solemnizing their marriages via Arya Samaj, the latter has come under the judicial scanner. This has brought many issues related to such services to the fore. A detailed discussion of one of such cases has been undertaken and contextualized with reference to Arya Marriage Validation Act 1937 and Hindu Marriage Act 1955 to show how these services exist in a dynamic, accommodative, and conflicting relationship with the legal system. This has implications for those who use Arya Samaj services, in our case, couples in non-conformist marriages, as well as for our understanding and evaluation of the Indian variant of legal pluralism.