Special Marriage Act union between Hindu and Muslim not valid under Muslim Law: Madhya Pradesh High Court

The Madhya Pradesh High Court recently observed that a marriage between a Muslim boy with a Hindu girl is not a valid marriage according to Mahomedan Law while turning down a plea for police protection to register an inter-faith marriage under the Special Marriage Act, 1954. .Justice Gurpal Singh Ahluwalia noted that a marriage between a Muslim boy and a Hindu girl would be treated as an irregular (or fasid) marriage under Muslim personal law even if they married under the Special Marriage Act. “As per Mahomedan law, the marriage of a Muslim boy with a girl who is an idolatress or a fire-worshiper, 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 Court said in its May 27 order. .The Court was dealing with a petition filed by a couple - a Hindu woman and a Muslim man. A relationship between the two was opposed by the family of the woman who raised apprehensions that they would be boycotted in society if the inter-religious marriage took place. The family also claimed that the woman had taken jewellery from the family house before leaving to marry her Muslim partner. .The couple, however, wished to marry under the Special Marriage Act. Their counsel told the Court that neither the woman nor the man wished to convert to another religion for the marriage. The woman would continue following the Hindu religion, while the man would continue following Islam after their marriage, their counsel said.He contended that the couple should be given police protection so that they can appear before the Marriage Officer under the Special Marriage Act to get their marriage registered.The counsel also asserted that the inter-religious marriage, though prohibited under personal law, would be valid under the Special Marriage Act. The Special Marriage Act would override the personal law, he highlighted. .The Court opined that although a marriage under the Special Marriage Act cannot be challenged for the non-performance of religious rituals, such a marriage would not be a legal marriage if it is prohibited under the personal law.The High Court proceeded to rely on the Supreme Court case in Mohammed Salim (D) Through LRs. & Ors. Vs. Shamsudeen (D) Through LRs. & Ors (which dealt with the inheritance rights of children born from a marriage between a Muslim man and a Hindu woman) to conclude that the marriage proposed to be entered into between the couple would be an irregular marriage or a fasid marriage. "Marriage under Special Marriage Act would not legalise the marriage which otherwise is prohibited under personal law. Section 4 of Special Marriage Act provides that if the parties are not within prohibited relationship then only marriage can be performed," the Court went on to hold. .The Court proceeded to dismiss the couple's petition after noting that they were neither willing to be in a live-in relationship without being married nor was the girl (Hindu person) willing to convert to the boy’s religion (Islam). "It is not the case of petitioners that in case if marriage is not performed, then they are still interested to live in live-in relationship. It is also not the case of petitioners that petitioner No.1 would accept Muslim religion. Under these circumstances, this Court is of considered opinion that no case is made out warranting interference," the Court said. .Advocate Dinesh Kumar Upadhyay appeared for the petitioners (inter-faith couple). Government advocates KS Baghel represented the State, while advocate Rahul Mishra represented the woman's father. .[Read Order]