The Madhya Pradesh High Court issued an important decision in a case involving the marriage of a Muslim youth and a Hindu girl. Both desired that the marriage be registered without conversion of religion, as well as police protection in court. The High Court, using the Muslim Personal Act in this case, pronounced the marriage without conversion unconstitutional. They also refused to provide protection.
The High Court ruled that a marriage between a Muslim boy and a Hindu girl is invalid under Muslim law. With this ruling, the court denied the plea for police protection to register inter-religious marriage under the Special Marriage Act of 1954. According to Justice Gurpal Singh Ahluwalia, marriage between a Muslim boy and a Hindu girl will be considered irregular under Muslim Personal Law, even if they were married under the Special Marriage Act.
The court stated that “according to Muslim law, the marriage of a Muslim boy to a girl who worships an idol or fire is not a valid marriage.” Even if the marriage is registered under the Special Marriage Act, it will be considered invalid and irregular.In fact, a couple from Anuppur (a Hindu woman and a Muslim man) had petitioned the High Court for police protection. The petitioners stated in their petition that they love each other and had applied to the marriage office under the Special Marriage Act. However, due to family resistance, they were unable to visit the marriage office, and as a result, their marriage is not registered. Following that, the petitioners requested permission from the High Court to present in the marriage office to register their marriage under the Special Marriage Act.
The woman’s family opposed the two’s relationship, fearing that if the inter-religious marriage occurred, they would be boycotted in society. The family also alleged that the woman took jewels from their home before marrying her Muslim partner. The pair wished to marry under the Special Marriage Act. The court was told that neither the woman nor the man wished to marry in a different religion. The woman will continue to practice Hinduism, while the man will practice Islam even after marriage. The pair should be provided police protection so that they can appear before a marriage officer to register their marriage under the Special Marriage Act.
The court dismissed the couple’s plea, stating that they were unwilling to live in a live-in relationship without marriage, nor was the girl (Hindu) willing to accept the boy’s faith (Islam).
