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SC stays HC order directing Arya Samaj weddings be under Special Marriage Act
TIWN
SC stays HC order directing Arya Samaj weddings be under Special Marriage Act
PHOTO : TIWN

New Delhi, April 4 (TIWN) The Supreme Court on Monday stayed a Madhya Pradesh High Court order, directing an Arya Samaj organisation that while solemnising marriages, it must comply with the provisions of the Special Marriage Act.

Senior advocate Shyam Divan and lawyer Vanshaja Shukla, representing the Madhya Bharat Arya Pratinidhi Sabha, contended that the high court committed an error by transgressing into the domain of legislature by directing that Arya Samaj marriages conducted by the Arya Samaj temples, under the jurisdiction of the petitioner society in MP, will have to solemnised in consonance of the provisions of the Special Marriage Act.  The petitioner organization said it has jurisdiction over all Arya Samaj temples in Madhya Pradesh.  Counsel argued that the high court wrongly directed that Arya Samaj temples should solemnise the marriages after complying with the provisions of Sections 5, 6, 7 and 8 of the Special Marriage Act, which provide for prerequisite conditions viz, notice of intended marriage, publication of notice, marriage notebook, objection to marriage, and the procedure.

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