Allahabad HC Dismisses Plea Seeking Protection Of Distant Hindu-Muslim Cousins Living Together In A Live-In Relationship

The Allahabad High Court dismissed the Writ Petition filed by a couple, who are distant cousins belonging to different religions, seeking protection and directions against their families not to interfere in their lives.

The Court held that the relief sought by the Petitioners could not be granted due to non-compliance with Sections 8 and 9 of the UP Prohibition of Unlawful Conversion of Religion Act (Act).

Justice Ram Manohar Narayan Mishra noted, “It is stated that petitioners are distant cousin even having belong to different community on account of fact that mother and aunt of the petitioner no. 1 were Hindu by birth and the petitioner no. 2 belongs to maternal side of mother of petitioner no. 1. Prima facie it cannot be treated as matter of re-conversion. The version of petitioner no. 1 for performing marriage with petitioner no. 2 into Hindu religious cannot be given effect at this stage for want of compliance of Section 8 and 9 of the Act and the relief sought by the petitioners cannot be granted at this stage”.

Advocate Abhitab Kumar Tiwari appeared for the Petitioners, and Standing Counsel Ashwani Kumar appeared for the Respondent.

The Petitioners belonged to different religions and lived together in a live-in relationship. The Petitioners allegedly solemnized their marriage per Hindu rites and rituals at Arya Samaj Mandir. They also applied for online registration of their marriage. The Petitioners contended that they are consenting adults who have attained the age of majority and thus have the constitutional right to choose their partner and live together peacefully. The father of one of the petitioners is creating disturbances in their relationship, and the couple is apprehending danger to their lives and liberty.

The Respondents argued that the couple's marriage may come under the legislative prohibition contained in the Act, and any future conversion of either petitioner to another religion will have to comply with Sections 8 and 9 of the Act.

The Court observed that per Sub-section (3) Section 8 of the Act if the District Magistrate receives information under Sub-section (1) and (2), they must conduct an inquiry through the police to determine the true intention, purpose, and cause of the proposed religious conversion. The Court noted that under Sub-section (4), violation of Sub-section (1) and/or Sub-section (2) would render the proposed conversion illegal and void. The Court noted that Section 3(1) prohibits any person from directly or indirectly converting or attempting to convert another person from one religion to another through misrepresentation, force, undue influence, coercion, allurement, fraudulent means, or marriage.

Furthermore, the Court observed that no person shall abet, convince, or conspire such conversion. However, the Court added that if someone reconverts to their immediate previous religion, it will not be considered a conversion under this Act.

The Court held that the couple can approach the District Magistrate for compliance with Sections 8 and 9 of the Act and request necessary orders.

Accordingly, the Court dismissed the Petition.

Cause Title: Smt. Shraddha @ Jannat And Another v State Of U.P. And 5 Others (2023:AHC:174449)

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