The Allahabad High Court has said that inter-religious marriage without conversion is valid under the Special Marriage Act.
A Single Bench of Justice Jyotsna Sharma passed this order while hearing a petition filed by a live-in couple.
This is a petition seeks following reliefs:
“(i) issue writ order or direction in the nature of mandamus directing and commanding the respondent nos 2 and 3 and private Respondent No 4 are restrained from interfering with the life, liberty and privacy of the petitioners to live as man and woman.
“(ii) issue writ order or direction in the nature of mandamus directing and commanding the concerned police authorities to ensure the safety of the petitioners and provide the protection to the petitioners from the respondent No 4 along with unsocialist persons.”
Contention of the petitioners is that without converting into faith/religion of the other, they have decided to cohabit as husband and wife. Both have crossed the minimum prescribed age of marriage.They liked each other and, therefore, are living in a live-in-relationship as husband and wife.
Further it is contended that they have decided to marry each other under the Special Marriage Act.
Submission is that they are facing threats from respondents and therefore they cannot move freely. They cannot pursue their matter diligently for getting married under the provisions of Special Marriage Act unless protection is granted to them.
Supplementary affidavit has been submitted in which it is categorically submitted that they will continue to follow the faith/religion of their own and do not propose to convert and that they are mature enough to take decisions regarding their lives. Further they seriously want to enter into a matrimonial relationship as per law.
Standing counsel submitted that petitioners have mentioned in the petition that they have already got married as per marriage agreement. Such marriage is not recognized in law, therefore, no protection can be given.
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, the Court observed.
In the circumstances, the Court directed 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.
“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”, the order reads.
The Court has fixed the next hearing of the petition on 10.07.2024.