On Monday, May 27, Madhya Pradesh High Court observed that a marriage between a Muslim boy with a Hindu girl is not a valid marriage according to Mohammedan Law while turning down a plea for police protection to register an inter-faith marriage under the Special Marriage Act, 1954, Bar and Bench reported.
Justice Gurpal Singh Ahluwalia, who adjudicated the matter, 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.
The Court noted, “As per Mohammedan 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 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.
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, the Counsel highlighted.
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).
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.
