Marriage By Way Of Agreement Not Recognized In Law: Allahabad HC Directs Interfaith Couple To Solemnize Marriage Under Special Marriage Act
|The Allahabad High Court observed that a marriage through an agreement is invalid and thereby ordered a couple to take steps to solemnize their marriage under the Special Marriage Act.
An Interfaith couple seeking directions for protection from the Court was asked to solemnize their marriage under the Special Marriage Act (the Act) to show their ‘bonafide.’ The Bench directed the state authorities to ensure the safety of the interfaith couple who were living together as husband and wife in a live-in relationship and were facing threats from family members.
A Single Bench of Justice Jyotsna Sharma observed, “In my opinion, marriage through agreement is definitely invalid in law. However, law does not prevent the parties from applying for court marriage under the Special Marriage Committee, without conversion.”
Advocate Shakil Ahmad represented the petitioners, while CSC Pramit Kumar Pal appeared for the respondents.
The couple had filed a petition seeking protection and the right to live together. The couple sought a writ of mandamus to restrain the respondents, including their families, from interfering with their life, liberty, and privacy. They also requested police protection to ensure their safety from “unsocialist persons.”
The couple had reached the legal age for marriage and had been living as husband and wife without converting their religions. They intended to marry under the Special Marriage Act but claimed that they were not able to move freely to pursue their marriage plans due to threats from their families
In a supplementary affidavit, the couple reiterated that they would follow the faith/religion of their own and did not propose to convert and that they were mature enough to take a decision regarding their lives. Further, they seriously want to enter into a matrimonial relationship as per law.
“In the circumstances, I find it fit to direct the respondent nos. 2 and 3 to see that meanwhile no harm to the life of the petitioners is caused by respondent no.4 directly or indirectly,” the Court remarked.
Consequently, the Court held, “To show their bonafides, by next date of hearing the petitioners shall take steps for solemnizing their marriage under the provisions of Special Marriage Act and file documentary proof thereof with the supplementary affidavit”
Accordingly, the High Court listed the matter for further hearing on July 10th, 2024.
Cause Title: X & Anr. v. State of U.P. & Ors.
Appearance:
Petitioners: Advocate Shakil Ahmad
Respondents: CSC Pramit Kumar Pal