Allahabad HC Rules Interfaith Marriage Without Conversion 'Illegal', Refuses To Quash Criminal Case
Uttar Pradesh: The Allahabad High Court on Saturday delivered a verdict, ruling that interfaith marriages conducted without religious conversion are illegal. The court was hearing a petition in connection with an alleged kidnapping and marriage of a minor girl at an Arya Samaj temple.
The petitioner has sought quashing of criminal proceedings against him, claiming he had married the girl, now an adult, at an Arya Samaj temple. Hearing the case, Justice Prashant Kumar rejected his plea, stating that the marriage certificate issued by an Arya Samaj temple involving a minor was in violation of legal norms, while refusing to quash the criminal case against him.
The petitioner, in his plea, said that he married the girl at Arya Samaj temple, arguing that the criminal case against him should be quashed since both are living together. The Uttar Pradesh government opposed the petition, pointing out that the individuals belonged to different religions and had not converted, and therefore, the marriage held no legal validity.
Last year, the Allahabad High Court observed that the law permits interfaith couples to marry under the Special Marriage Act without conversion, while granting protection to an interfaith live-in couple facing threats. The court had said that interfaith couples who choose not to convert for marriage can register their union under the Special Marriage Act, adding that the law doesn’t prevent parties from applying for court marriage under the Special Marriage Committee. The ruling was delivered by Justice Jyotsna Sharma.
However, the ruling made on Saturday, July 26, by the Allahabad High Court noted that the verdict targets institutions like Arya Samaj temples, which have been indiscriminately issuing marriage certificates, often for a fixed fee, without adhering to legal formalities. The court ruled that such practices violate the law.
Further, the court asked the Uttar Pradesh Home Secretary to initiate a probe headed by a DCP-rank IPS officer into Arya Samaj institutions that issue marriage certificates to underage couples or interfaith couples without conversion.
