Marriage Between Muslim And Hindu Under Special Marriage Act Is Not Valid Under Muslim Law: Madhya Pradesh High Court (image@Pixaby)

Marriage between a Muslim boy and a Hindu woman is not a valid marriage as per Mohamedan Law, said Madhya Pradesh High Court. The High Court observed the ruling while turning down a plea for police protection to register an inter-faith marriage under the Special Marriage Act, 1954. The plea was submitted by a couple, a Muslim man and Hindu woman.

Justice Gurpal Singh Ahluwalia noted that a marriage between a Muslim boy and a Hindu girl would be treated as an “irregular” marriage under Muslim personal law even if they married under the Special Marriage Act, as reported by Bar and Bunch.

In its order, the court said that “as per Mahomedan law, the marriage of a Muslim boy with a girl who is an idolatress or a fire-worshiper, 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 marriage”.

The couple’s counsel told the court that they wanted to marry under the Special Marriage Act, but both does not want to convert into the religion of other. The counsel said that both woman and man will continue to follow their respective religion even after marrying.

Notably, the woman’s family does not want her to marry a Muslim man as they fear that they might be shunned in the society if such inter-religious marriage happened. The family also claimed that the woman had taken jewellery from her home before leaving the house to marry the man.

The couple’s counsel implied that they need police protection to appear before the marriage officer and get married under the Special Marriage Act. The counsel argued that, though prohibited under the personal law, the Special Marriage Act would override the personal law.

The court replied that marriage under the Special Marriage Act would not legalise marriage, which is prohibited under personal law. “Section 4 of the Special Marriage Act provides that if the parties are not within a prohibited relationship, then only marriage can be performed”, said the court. It also dismissed the couples petition after noting that they were neither willing to be in a live-in relationship without being married nor was they willing to convert to any others’ religion, as reported by Bar and Bench.