Lucknow: The Allahabad High Court has delivered a significant ruling, stating that merely producing a marriage certificate issued by an Arya Samaj temple is not sufficient to establish a valid Hindu marriage. The court clarified that the essential ceremonies prescribed under the Hindu Marriage Act, such as ‘Saptpadi’ (the seven circumambulations around the sacred fire), must be performed for the union to be legally recognized.
The observation was made by a single-judge bench of Justice Rajeev Singh while quashing the dismissal order of Rohit Pandey, a Deputy Commandant in the Sashastra Seema Bal (SSB). Pandey was removed from service on April 28, 2022, after authorities concluded he had made a false declaration by stating he was unmarried at the time of joining the force.
The disciplinary action was initiated based on a complaint filed by a woman named Sucheta Tiwari, who claimed she had married Pandey at an Arya Samaj temple in August 2007. While the SSB treated the alleged marriage as valid based on the temple’s certificate and statements from the priest, Pandey vehemently disputed the claim. He argued that no valid marriage had ever taken place since the mandatory Hindu rituals were missing.
During the hearing, Pandey’s counsel pointed out that Tiwari herself had admitted in a related criminal trial that the marriage had not been solemnised according to proper Hindu rituals or Saptpadi.
Taking note of this, Justice Singh referred to the Supreme Court’s landmark 1971 ruling in the Priya Bala Ghosh vs Suresh Chandra Ghosh case. “Merely on the basis of placing any certificate of Arya Samaj Mandir, it cannot be said that marriage was solemnised as per the Hindu Marriage Act,” the court observed.
The bench held that in the absence of the requisite ceremonies, the alleged 2007 union could not be treated as a marriage “in the eyes of law.” Consequently, it could not serve as a valid legal ground to declare the officer unsuitable for service or to terminate his employment.
Setting aside the SSB’s dismissal order, the High Court directed the authorities to permit Pandey to resume his duties immediately. However, the court ruled that the period between his dismissal on April 28, 2022, and the date of the judgment would be treated on a “no work, no pay” basis, though it will not be counted as a break in his service.