'How Fake Arya Samaj Societies Flourishing In UP?': Allahabad High Court Directs Probe Into 'Illegal' Marriages Against Anti-Conversion Law

A bench of Justice Prashant Kumar directed for a probe by an officer not below the rank of Deputy Commissioner of Police into such cases.

The Court thus dismissed an application seeking to quash the summoning order and entire proceedings in a case under the POCSO Act, observing that the victim was a minor and the marriage, allegedly solemnized at an Arya Samaj Mandir, was invalid in law.

The Bench noted:

"…the Secretary, Home, Govt. of U.P. is directed to get the matter investigated by an officer, not below the rank of Deputy Commissioner of Police, as to how such kind of fake Arya Samaj Societies have flourished throughout the State, who are getting such marriages done, in some cases even of the minor girls and thereafter, issuing certificates, and that too, by violating the provisions of the U.P. Prohibition of Unlawful Conversion of Religion Act, 2021".

The applicant (Sonu @ Shahnur) had moved the HC challenging a summoning order in connection with an FIR lodged under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act in September last year. He had been accused of kidnapping and thereafter sexually assaulting the informant's daughter, a minor.

Before the bench, the applicant claimed he and the victim got married in February 2020, and the girl began living with the applicant after attaining majority.

Rejecting these submissions, the Court noted that the girl was a minor at the time and that the claimed marriage had no validity in the eyes of the law due to the fact that there was an absence of proper religious conversion and registration as required under the UP-Marriage Registration Rules, 2017.

"In the instant case, marriage has not been registered. The record further shows that at the time of alleged incident, the victim was minor and in no way any marriage solemnized by her, would be a valid marriage", the single judge noted.

The Court also said that since the applicant and the victim belong to different religions, their alleged marriage in an Arya Samaj Mandir could not have been done without proper conversion as per the existing law.

The Court also referred to the observations made by a coordinate bench in May this year in the case of Shanidev And Another vs. State Of Up And 7 Others and connected matters 2025 LiveLaw (AB) 183 wherein the court had noted that certain people who claim themselves of Arya Samaj are getting marriages solemnized illegally, with malafide intentions without even verifying the age of the groom and the bride.

"The aforesaid order shows that astonishing figure as to number of marriages which have been solemnized by the Arya Samaj Mandir in the State of U.P. in one year," the court noted.

Against this backdrop, finding the application to be devoid of merit, the bench dismissed the same.

The Secretary, Home, was directed to file a compliance report by way of personal affidavit by the next date of hearing (August 29, 2025).