If you are stuck in such a situation, here is what to do.

A couple, let’s call them Aarav and Priya, decided to get married. Priya, who was not a Hindu by birth, underwent a conversion ceremony, known as ‘Shuddhi,’ at an Arya Samaj Mandir in the city of Rampur. Following the conversion, for which a certificate was issued, they solemnized their marriage according to Arya Samaj rites at the same Mandir. They received a marriage certificate from the Arya Samaj institution but did not proceed to register their marriage with the local Sub-Registrar under any civil law like the Hindu Marriage Act or the Special Marriage Act. After some time, their relationship soured, and they are now contemplating divorce. They are confused about the legal standing of their marriage, the validity of the conversion, and the correct procedure to seek a legal separation, given the lack of official government registration.

Advice in such cases

Navigating the legalities of a marriage solemnized by a religious institution like the Arya Samaj can be complex, especially when it comes to dissolution. Here is some general advice:

• Understand the Validity: An Arya Samaj marriage, when performed with all the necessary rituals and ceremonies (like the Saptapadi), is considered a valid marriage between two Hindus under the Hindu Marriage Act, 1955. The certificate issued by the Arya Samaj serves as strong proof of the marriage.
• Registration is Not Mandatory for Validity: While registration of marriage is highly recommended and compulsory in some states, its absence does not automatically invalidate a religiously solemnized marriage. The marriage is valid from the moment the essential ceremonies are completed.
• Conversion’s Legal Standing: A conversion conducted by the Arya Samaj is generally considered valid for the purpose of the marriage under Hindu law. It signifies the person’s intent to become a Hindu, and the Shuddhi certificate is evidence of this.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

The legal framework governing such a situation primarily involves:

• The Hindu Marriage Act, 1955: This Act governs marriages between two Hindus. Since Priya converted to Hinduism before the wedding, their marriage falls under the purview of this Act. Section 13 of this Act lays down the grounds for divorce.
• The Family Courts Act, 1984: This Act establishes Family Courts for the speedy settlement of family disputes, including divorce proceedings. The petition for divorce would be filed in a Family Court.
• The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: The BNSS outlines the procedural aspects of legal proceedings in courts, which would be applicable during the trial in the Family Court.
• Arya Marriage Validation Act, 1937: This Act specifically recognizes the validity of marriages solemnized between two persons who are Arya Samajists.

If you are the complainant

If you are the one initiating the divorce proceedings (the petitioner), you should take the following steps:

• Gather Documentation: Collect all relevant documents, including the Arya Samaj marriage certificate, the ‘Shuddhi’ or conversion certificate, photographs or videos of the wedding, and any proof of cohabitation.
• Establish Grounds for Divorce: A divorce petition must be based on specific grounds mentioned in Section 13 of the Hindu Marriage Act, such as cruelty, desertion, or adultery. If both parties agree, a petition for divorce by mutual consent under Section 13B is a much faster option.
• File the Petition: The divorce petition needs to be filed in the Family Court that has jurisdiction over your case. This is typically the court in the area where the marriage was solemnized, where the respondent resides, or where you last resided together.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you are the respondent in the divorce case (the one who receives the court notice), you should:

• Do Not Ignore the Notice: Upon receiving a summons from the Family Court, it is crucial to appear on the specified date, either in person or through your lawyer. Failure to do so can result in the court proceeding without hearing your side (ex-parte).
• Prepare Your Response: You will need to file a written statement in response to the allegations made in the divorce petition. This is your opportunity to present your version of the facts.
• Engage in Mediation: Family Courts often refer cases to mediation or conciliation to see if a settlement can be reached. It is advisable to participate in this process earnestly.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

The police have no direct role in the divorce process itself, as it is a civil matter handled by the Family Court. Police involvement only occurs if a separate criminal complaint is filed by either party. For instance, if there are allegations of domestic violence (under Section 85/86 of the Bharatiya Nyaya Sanhita, BNS) or dowry harassment, the police would register a First Information Report (FIR) and conduct a criminal investigation. However, for the dissolution of the marriage, the procedure is entirely judicial, and the police do not intervene.

FAQs people normally have

Is an Arya Samaj marriage legally valid without civil registration?
Yes. The Supreme Court of India has repeatedly held that a marriage solemnized as per religious customs (like Saptapadi in Hindu marriages) is a valid marriage. The Arya Samaj certificate is strong proof of this. Registration provides further proof but its absence does not invalidate the marriage itself.

What is the process to revert a religious conversion?
Legally, there is no formal “de-conversion” process mandated by law. If a person wishes to revert to their previous faith, they can do so by practice. To make it legally documented, they can swear an affidavit declaring their reversion to their original faith, publish this information in a local and a national newspaper, and get it notified in the Official Gazette.

Which court do I approach for divorce?
You must file for divorce in the Family Court. Even though the marriage was not registered with the government, it is a legally valid marriage, and its dissolution must be sought through the proper judicial channel. You cannot simply declare the marriage void on your own.

What evidence is required?

To prove the marriage and seek a divorce in court, you will need the following evidence:

• The marriage certificate issued by the Arya Samaj Mandir.
• The conversion or ‘Shuddhi’ certificate, if applicable.
• Photographs and/or videos of the marriage ceremony.
• Testimony of witnesses who were present at the wedding, such as family members or the priest who performed the ceremony.
• Any other documents that prove cohabitation as husband and wife, such as joint bank accounts, rental agreements, or affidavits.

How long will the investigation take?

A divorce is a judicial proceeding, not a police investigation. The duration of the process depends on the type of divorce and the complexity of the case. A divorce by mutual consent is the fastest route, typically taking between 6 to 18 months, as it includes a mandatory cooling-off period. A contested divorce, where one party opposes the divorce or there are disputes over alimony, child custody, or property, can be a lengthy process and may take several years to be finalized by the court.

Advocate Sudhir Rao, Supreme Court of India