Lucknow: A Lucknow bench of the Allahabad high court has held that an Arya Samaj temple marriage certificate alone cannot establish that a valid Hindu marriage was solemnised unless the essential ceremonies prescribed under the Hindu Marriage Act were performed.
Court Overturns Dismissal of SSB Officer Rohit Pandey
Justice Rajeev Singh quashed the dismissal of Rohit Pandey, an officer of the Sashastra Seema Bal (SSB), who was removed from service for allegedly providing false information regarding his marital status. This ruling came during the court’s review of Pandey’s appeal against the removal order issued on April 28, 2022. The dismissal was prompted by a complaint from Sucheta Tiwari, who asserted that she married Pandey in 2007 at an Arya Samaj temple.
He also relied on Tiwari’s statement during the trial of a criminal case, where she had admitted that the marriage had not been solemnised according to Hindu rituals. “Merely on the basis of placing any certificate of Arya Samaj Mandir, it cannot be said that marriage was solemnized as per Hindu Marriage Act,” the court observed. The court held that, in view of the complainant’s own statement regarding the absence of the requisite Hindu ceremonies, the alleged 2007 marriage could not be treated as a marriage “in the eyes of law”.
Pandey disputed the alleged marriage and contended that there was no evidence of the essential Hindu marriage ceremonies, including Saptapadi, having been performed. Consequently, it could not form the basis for holding Pandey unsuitable for service or for his removal. The court accordingly quashed the removal order and directed the authorities to permit Pandey to resume duty forthwith.