The Allahabad High Court affirmed that interfaith couples can marry under the Special Marriage Act without needing to convert. Additionally, the court declared that marriages conducted solely through personal agreements are legally invalid.
Allahabad: The Allahabad High Court recently observed that interfaith couples who do not wish to change their religion for the purpose of marriage can register their marriage under the Special Marriage Act.
This observation made by Justice Jyotsna Sharma while granting protection to a live-in couple facing threats to their life and liberty due to the nature of their relationship.
The State opposed the couple’s plea, arguing that the couple already got married as per an agreement, which not recognized in law, and therefore, no protection can be granted.
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However, the Court rejected this argument.
Justice Sharma stated in a May 14 order,
“In my view, a marriage based solely on agreement is unquestionably invalid according to the law. Nevertheless, the law does not bar the involved parties from seeking a court marriage under the Special Marriage Committee, without the need for conversion.”
The couple previously informed the Court of their decision to wed under the Special Marriage Act, citing their desire to retain their respective religions. They emphasized that without the Court’s protection, they could not proceed with the marriage registration.
The court’s order noted,
“A supplementary affidavit has been filed stating unequivocally that they will each maintain their current religious faiths without conversion. It is also declared that they are mature enough to make decisions concerning their lives. Moreover, they express a serious intention to enter into a lawful matrimonial relationship.”
The Court ordered protective measures for the couple and directed them to proceed with formalizing their marriage. The case scheduled for further hearing on July 10.
The Court stated,
“The petitioners are directed to demonstrate their commitment by taking necessary steps to solemnize their marriage under the Special Marriage Act and to submit documentary evidence of the same through a supplementary affidavit by the next hearing date,”
In a recent case, Advocate Shakil Ahmad represented the petitioners, an inter-faith couple. The State represented by Standing Counsel Pramit Kumar Pal.
Notably, the Madhya Pradesh High Court taken a different stance when dealing with a similar case involving an inter-faith couple. In that instance, the Madhya Pradesh High Court, dismissed the couple’s plea for protection, ruling that a marriage under the Special Marriage Act would not legalize a marriage, otherwise prohibited under Muslim personal law.
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The decision of the Madhya Pradesh High Court on May 27, stated,
“In accordance with Islamic law, the union of a Muslim man with a woman who practices idolatry or fire-worship is deemed invalid. Even if such a marriage is registered under the Special Marriage Act, it remains void and categorized as an irregular (fasid) marriage,”
Allahabad High Court‘s affirmation that interfaith couples can marry under the Special Marriage Act without needing to undergo conversion, a significant step towards reinforcing the secular and inclusive ethos of India’s legal system.
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