Madhya Pradesh High Court stays order directing Marriage Registrar to register interfaith marriage

The Madhya Pradesh High Court recently stayed a single-judge order that had directed the Registrar of Marriage to register an interfaith marriage between a Hindu woman and Muslim man.

Chief Justice Suresh Kumar Kait and Justice Vivek Jain issued an interim stay on the order while hearing an appeal filed by Heeralal Rathore, the woman's father, reported TOI.

The couple had approached the High Court seeking police protection.

They expressed their wish to marry each other. They informed the Court that they were in a relationship for the past four years and were in a live-in relationship since last one year.

On October 22, single-judge Justice Vishal Dhagat granted police protection to the couple.

He also ordered that the woman be lodged at Nari Niketan till November 11.

During that time, she is free to think about her decision to marry the man, the single-judge had said.

On November 12, she should be taken to the Registrar of Marriage on November 12 to record her statement for conducting marriage under Special Marriage Act, the single-judge had ordered.

"After collection of said articles, she will be taken to "Raj Kumari Bai Bal Niketan, Shastri Bridge, Jabalpur". Said Nari Niketan will give shelter, food and safe place for sleeping to petitioner No.1. Petitioner No.1 will live in there till 11.11.2024. During this time petitioner No.1 will not be connected by petitioner No.2 or their family members. During such time, she is free to think about her decision to marry petitioner No.2. On 12.11.2024, she will be taken to Registrar of Marriage where her statement will be recorded before Registrar of Marriage for conducting marriage under Special Marriage Act, 1954," the order dated October 22 stated.

The woman's father then filed an appeal before the Division Bench against the order of the single-judge.

The counsel for the father argued that the Registrar of Marriage cannot authorize a marriage between a Hindu woman and a Muslim man as it would be contrary to the provisions of the Special Marriage Act.

The Division Bench stayed the single-judge's order and posted the matter for hearing after two weeks.

According to Indian Express, Telangana BJP MLA T Raja had raised allegations of love jihad over the case and had asked the Madhya Pradesh Chief Minister to stop the marriage.