UP Anti-conversion law applies to live-in couples too: Allahabad High Court

The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 applies to persons in live-in relationships too, the Allahabad High Court recently observed. .Justice Renu Agarwal made the observation while denying protection to a Hindu-Muslim couple (petitioners) who had married earlier this year as per rituals of Arya Samaj. The petitioners had not changed their religion.The Court said it is mandatory for interfaith couples to apply for conversion in accordance with the anti-conversion law..Having examined the provisions of the law, the Court opined that registration of a religious conversion is not only required for the purpose of marriage but also for relationships in the nature of marriage.“Therefore, Conversion Act applies to relationship in the nature of marriage or live-in- relationship,” the Court said. .The anti-conversion law passed in 2021 prohibits unlawful conversions from one religion to another by misrepresentation, force, fraud, undue influence, coercion and allurement.It particularly mentions that any marriage done for the "sole purpose of unlawful conversion" shall be declared void by the Family Court.A person converting religion for marriage purposes is thus required to declare the conversion to authorities who in turn will enquire to rule out any angle of coercion.However, the law does not explicitly state anything with regard to live-in couples or even those persons who marry without conversion of religion. .The provision on prohibition of illegal conversion reads as under:.The Court after analysing the Explanation under Section 3(1) of the Act opined that the anti conversion law also applies to live-in relationships. Thus, the Court said the relationship of the petitioners cannot be protected since they have not applied for the registration of any conversion under provisions of the 2021 Act..Conversion Act applies to relationship in the nature of marriage or live-in- relationship.Allahabad High Court.In the present case, a Muslim woman (24) married a Hindu man (23) on January 1. Their online application for the registration of their marriage was pending. Due to apprehensions that their life and liberty were in danger, they had approached the Court seeking police protection.The State opposed their plea, saying that they had not applied for the conversion of religion. It was also argued that a Muslim woman cannot marry a Hindu man as per the rituals of Arya Samaj under the Hindu Marriage Act. .While denying relief to the petitioners, the Court noted that 2021 anti-conversion law is express in mandating that religious conversion is required not only in cases of inter-caste marriages but in a relationship in the nature of marriage.The Court also noted that since the parents of both the petitioners had not lodged any police complaints, there was no challenge to their relationship.However, it proceeded to dismiss the plea for protection in view of the inter-faith couple's failure to apply for the registration of any religious conversion. “In view of the discussions as above, it is not considered desirable that relationship of the petitioners be protected in contravention of the statutory provisions of law passed by legislature,” the Court said..Interestingly, the Court in the same order also reasoned that no one has the right to interfere in the personal liberty of the two adults.“In the relationship of marriage or in the nature of live-in- relationship there must be two consenting adults human beings. The concept of gotra, caste and religion is left a way back,” it said..However, it added that the right to freedom or right to personal liberty is not an absolute or unfettered right.In this context, it referred to persons who may be in a live-in relationship despite having a subsisting marriage.“If the petitioners are already married and had their spouse alive, he/she cannot be permitted to enter into live-in-relationship with third person without seeking divorce from the earlier spouse. He/she first has to obtain the decree of divorce from the court of competent jurisdiction before solemnizing marriage of entering into live-in-relationship out of their legal marriage,” the Court said..If the petitioners are already married and had their spouse alive, he/she cannot be permitted to enter into live-in-relationship with third person without seeking divorce from the earlier spouse.Allahabad High Court.The High Court previously also has denied protection to Hindu-Muslim couples for not complying with the anti conversion law. Justice Agarwal had last month rejected a similar plea to protect a Hindu-Muslim live-in couple, saying the woman was yet to divorce her earlier husband and that her live-in relationship with another man was prohibited under Muslim Law (Shariat)..Advocate Vijay Kumar Tiwari represented the petitionersStanding Counsel Yogesh Kumar represented the State[Read Judgment]