Marriage Of Muslim Boy & Hindu Girl Not Valid Under Muslim Law; Marriage Under Special Marriage Act Would Not Legalise It: Madhya Pradesh HC
|The Madhya Pradesh High Court observed that a marriage between a Muslim boy and a Hindu girl is not valid under Muslim personal law, even if registered under the Special Marriage Act, 1954.
The court added that a marriage under Special Marriage Act would not legalise the marriage which otherwise is prohibited under personal law.
The Court dismissed a petition seeking police protection filed by a couple comprising a Hindu woman and a Muslim man. The couple sought police protection to register their inter-faith marriage under the Special Marriage Act, citing opposition from the woman's family and concerns about societal boycott. They affirmed their desire to marry under the Act without converting to each other's religion.
A Bench of Justice Gurpal Singh Ahluwalia emphasized that according to Muslim law, such a marriage would be deemed irregular (fasid) due to the religious disparity between the partners. The Court said, “As per Mahomedan law, the marriage of a Muslim boy with a girl who is an idolatress or a fire-worshipper, 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.”
Advocate Dinesh Kumar Upadhyay appeared for the petitioners and Government Advocate KS Baghel appeared for the respondents.
However, the Court underscored that while the Special Marriage Act permits marriages without religious rituals, it does not legalize unions prohibited under personal laws. The Court added, “marriage under Special Marriage Act would not legalise the marriage which otherwise is prohibited under personal law. Section 4 of Special Marriage Act provides that if the parties are not within prohibited relationship then only marriage can be performed.”
Referring to the Supreme Court precedent in Mohammed Salim vs. Shamsudeen, the Court concluded that the proposed marriage would be irregular under Muslim law.
The Court noted, “It is not the case of petitioners that in case if marriage is not performed, then they are still interested to live in live-in relationship. It is also not the case of petitioners that petitioner No.1 would accept Muslim religion.”
The petition was dismissed as the couple neither agreed to a live-in relationship nor was the Hindu woman willing to convert to Islam.
Cause Title: X & Anr. v. State of Madhya Pradesh & Ors.
Appearance:
Respondents: Government Advocate KS Baghel and Advocate Rahul Mishra
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