how to file for divorce in arya samaj marriage

Arya Samaj Marriages are the convenient and simplest way to get hitched even for the couples of different castes and religions. The Arya Samaj Marriage procedure is quite simple and it only takes a couple of hours for completion by following the rituals of Arya Samaj. However, Indian laws concerning marriage are ruled by religion and followed by the interest of individuals. Hindu marriage falls under the Hindu Marriage Act and for some other religions, the Special Marriage act is available.

As we have discussed the laws associated with Arya samaj marriages, now in this article, we’ll talk about the Arya Samaj marriage in India and also how to apply for divorce in marriages that are performed in Arya Samaj Mandirs.

Importance of Arya Samaj Marriage

The ceremony of marriage is solemnized according to the Vedic ritual and under the Arya Samaj Marriage Validation Act, 1937 along with the provisions of the Hindu Marriage Act, 1955. The marriage ceremonies are simpler and easier than the traditional Hindu marriages and are performed by the clerics of Arya Samaj Mandirs.

The Arya Samaj marriages are legitimate and a marriage certificate is provided by the Arya Samaj Mandir, and that can later be registered in court within 30 days for the marriage.

Process of Solemnization the Arya Samaj Marriage

Arya samaj marriage is solemnized under the Validation Act, 1937 with the provisions of the Hindu Marriage Act, 1955. It also includes the Vedic rituals of Arya Samaj. The laws of the Hindu marriage act are valid to the Arya Samaj marriage in Delhi. Members of Arya samaj do not have faith in idol worshiping so they have their rituals.

Eligibility for an Arya Samaj Marriage

  • Both groom and bride must pass the age of 21 and 18 respectively
  • Anyone can take part in marriage whether he/she is Hindus, Buddhists, Jains, Sikhs, or others
  • A person from Muslims, Christians, Parsis, or Jews can also take part in Arya Samaj Marriage.
  • Best place for Inter-Caste Marriages and Inter-Religious Marriages

Divorce in Arya Samaj Marriages

 The Arya Samaj marriages are considered similar and equivalent with other forms of Hindu marriages and thus it follows the same divorce process. Divorce for Arya Samaj marriage can be obtained by mutual consent or with a contested- both fall under section 13b and section 13 of the Hindu Marriage Act respectively.

Arya Samaj Marriage Divorce Through Mutual Consent

For mutual divorce in Arya Samaj or any other form of Hindu marriage, the case comes under Section 13B of the Hindu Marriage Act. The following scenarios are included in Mutual divorce cases:

  • The partners must be living separately for more than one year.
  • Both agreed to mutually ending the marriage.

In a mutual divorce, the spouses file an appeal mutually to the court and choose the conditions of the divorce agreeably. This includes the custody of the child, maintenance, or alimony, and division of property. The application must be filed with the help of a decent divorce advocate in India, or the partners can recruit a common attorney in the mutual divorce.

After getting the petition and recording the statements of both parties, the court will give 6 months to the couple. In 6 months, the divorce petition can be withdrawn if one or both changes the decision. Once the petition is withdrawn, it becomes invalid. In case, if it is not withdrawn it will be moved to the next step that is final statements. After the 6 months, the court will grant a decree of divorce and that’s how an Arya Samaj marriage can be dissolved.

Divorce Without Consent/ One-Sided Divorce

A contested divorce is known for one-sided divorce, where one partner wants to get separated and the other does not. A petition can be filed by the person who wants to divorce with the help of a divorce lawyer in India. He/ She will let you aware of the process and ground on which one can get a divorce

The contested divorce petition can be filed on the following grounds:

·         The partner has treated the other one with cruelty.

·         One person has abandoned the partner for a continuous period of not less than two years.

·         He / She gets converted into another religion.

·         One partner is suffering from unsoundness of mind or other mental illness.

·         A partner is suffering from the disease in a communicable form.

·         The partner has abandoned the world by entering any religious order

·         The partner has not been heard of as being alive for more than seven periods of time

The divorce process involves tremendous mental and emotional stress and the involvement of society helps you suffer more. Hence, it is suggested to pick the mutual process of getting a divorce.

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