Law permits interfaith couples to marry under Special Marriage Act without conversion: Allahabad High Court

Interfaith couples who do not want to change their religion for the purpose of marriage can register their marriage under the Special Marriage Act, the Allahabad High Court recently observed. .Justice Jyotsna Sharma made the observation 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 plea and submitted that the couple in their plea have said that they have already got married as per an agreement. Such a marriage is not recognised in law and therefore, no protection can be given, it was argued.However, the Court rejected the argument. “In my opinion, marriage through agreement is definitely invalid in law. However, law does not prevent the parties from applying for court marriage under the Special Marriage Committee [sic], without conversion,” Justice Sharma said in a May 14 order..The couple had earlier told the Court that they have decided to marry under the Special Marriage Act as they do not want to change their religion. It was submitted that they cannot pursue the matter for registration of marriage unless protection is granted. “Supplementary affidavit has been submitted in which it is categorically submitted that they will continue to follow the faith/religion of their own and do not propose to convert and that they are mature enough to take decision as regard their lives. Further they seriously want to enter into matrimonial relationship as per law,” the Court recorded in the order..While directing protection of the couple, the Court directed them to take steps for solemnising the marriage. The matter will be heard next on July 10.“To show their bonafides, by next date of hearing the petitioners shall take steps for solemnizing their marriage under the provisions of Special Marriage Act and file documentary proof thereof with the supplementary affidavit,” ordered the Court..Advocate Shakil Ahmad represented the petitioners (the couple). Standing Counsel Pramit Kumar Pal represented the State..Pertinently, the Madhya Pradesh High Court recently took a conflicting view while dealing with a similar case involving an inter-faith couple.While dismissing the couple's plea for protection, the Madhya Pradesh High Court had held that a marriage under the Special Marriage Act would not legalise a marriage that is otherwise prohibited under Muslim personal law."As per Mahomedan law, the marriage of a Muslim boy with a girl who is an idolatress or a fire-worshipper, is not a valid marriage. Even if the marriage is registered under the Special Marriage Act, the marriage would be no more a valid marriage and it would be an irregular (fasid) marriage," the Madhya Pradesh High Court had held in its May 27 order..[Read Allahabad High Court Order]