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India Arya Samaj weddings legal only for followers: Kerala HC

Discussion in 'Breaking News' started by Archived_Member16, Mar 10, 2013.

  1. Archived_Member16

    Archived_Member16
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    Arya Samaj weddings legal only for followers: Kerala HC

    By Mahir Haneef, TNN - Mar 9, 2013, 11.55 PM IST


    KOCHI: The Kerala high court has ruled that the Arya Samaj cannot conduct marriages between people if they are not followers of the samaj and it will not be legally valid if it takes place.

    Arya Samaj mandirs are found in all Indian cities and towns and solemnize love, arranged, inter-religion and inter-caste marriages.

    The ruling was given by a division bench of justices Pius C Kuriakose and P D Rajan while considering the case of a Muslim woman and a Hindu man who married at an Arya Samaj mandir in Kozhikode on December 28 last year.

    The court was considering a habeas corpus petition filed by father of the girl Raihana (name changed), alleging that his daughter was being illegally detained.

    Appearing in court, Raihana told the judges that she was married and was living with the man.

    Disagreeing to accept their marriage as valid, the court said, "We have carefully examined the certificate of marriage as well as pramanapathram. Neither claimed before us that they are Arya samajists. The man told us that he continues to be a Hindu while Raihana told us that she believes in both religions. Having regard to the Arya Marriage Validation Act, 1937, it is very clear to our mind that it is not a valid marriage."

    When the couple told the court that they were in love and wanted to marry at any cost, they were told to get married according to the Special Marriage Act. It is the statute for solemnization of marriage between people of different religions.

    source: http://timesofindia.indiatimes.com/...-followers-Kerala-HC/articleshow/18885155.cms
     
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  3. Gyani Jarnail Singh

    Gyani Jarnail Singh Malaysia
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    Same thing that the anand KARAJ MARRIAGE ACT states in the SRM. ONLY a SIKH marrying a SIKH is VALID under the Ananad Karaj. IF a Non-Sikh wants to marry a SIKH..then they can get a civil marriage performed.
     
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  4. Tejwant Singh

    Tejwant Singh United States
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    On the same note, I must add that I used to perform Sindhi weddings in the Gurdwaras and hotels. I used to read Lavans and then explain the meanings in English to the one day turban wearing people. I have refused to do them for the past 3 years now and have urged the Gurdwaras to do the same. I hope they heed to my request.
     
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  5. Hardip Singh

    Hardip Singh India
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    Lets not register these sort of weddings under anand Marriage act or SRM. But how we can deny anyone from any religion, of getting married under Sikh customs.

    Sikh Gurbani never preached us this.
     
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  6. Archived_Member16

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    [​IMG]

    Translation:

    Ik Ongkar Sri Waheguru Ji Ki Fateh

    Sri Akal Takhat Sahib, Sri Amritsar

    Giani Joginder Singh, Jethadar

    Date: 16-8-2007

    anand Sanskar"Marriage Ceremony"

    This is a message to all the Sikh Sangat that according to the Rehat Maryada only Sikh couples (male/female) can engage in the Anand Karaj Ceremony. If the couple or either one of them is not a Sikh, then they must embrace the Sikh faith.

    This includes that they must change their second name to Singh or Kaur in their official document (e.g. driving licence, identity card, passport) before the marriage.
    (signed)

    (Joginder Singh)Jathedar
     
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  7. Tejwant Singh

    Tejwant Singh United States
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    Hardip Singh ji,

    Guru Fateh.

    Good point!

    This is the reason I have urged in several threads that Anand Karaj even for Keshadhari/Amritdhari/Sehajdhari/ Non-Dhari "Sikhs" should only take place if there is at least one week of training about the roles of both partners in a married life as equals because equality is the cornerstone of Sikhi.

    They should learn the true meaning of Lavan shared by some learned people of the local society. The idea is to understand why honour killings, female foeticides are not parts of Sikhi but vehemently rejected by our Gurus. To treat one's daughters in law cruelly as compared to one's daughters by the matriarchs of the house can not be tolerated. This is neither a Sikhi culture nor its values.

    As far as Gurbani is concerned, it clearly treats all humans equal, irrespective of anyone's hue, creed or faith. If this is instilled in all people and SRM is modified from dogmatism to pragmatism solely based on Sri Guru Granth Sahib Ji, our only Guru, I am sure we will see many happy Sikhs all around because Gurbani teaches how to be a good person sans mechanical rituals which is very unlike other religions. The more understanding we have of Gurbani with time, we should add/erase things from the SRM that are not in-sync with it due to the times.

    For this to happen, we can not have 5 Popes as Jathedars of Sikhi. They should be mere custodians of the Takhats because of absence of any clergy established by our visionary Gurus. Those roles should be given to the local professional Sangats, who may be doctors, lawyers, professors, businessmen etc. etc., but all must have the deep, pragmatic knowledge of Sri Guru Granth Sahib Ji in order to draw out the Amrit from this well for all to create the thirst which can never be quenched.

    Thanks for the thoughtful post.

    Regards

    Tejwant Singh
     
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    #6 Tejwant Singh, Mar 11, 2013
    Last edited: Mar 12, 2013
  8. Tejwant Singh

    Tejwant Singh United States
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    Soul Jyot ji,

    Guru Fateh.

    This all looks nice and dandy but who is to define what a Sikh is!

    I remember during the 1965 war between India and Pakistan, many Muslims were caught spying as Sikhs with full bana and having Indian driving licences with the names Singhs.

    It is the easiest thing in the world to look like a Sikh but the toughest to become one. We should all target on the latter first and foremost because Sikhi is based on "wills and will nots", not on "dos and do nots". The former being the internal manifestation whereas the latter is based on the external imposition.

    Regards

    Tejwant Singh
     
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