A recent ruling by the Madhya Pradesh High Court, on the validity of marriages between individuals from different religious backgrounds has come under observation.

The court dismissed a plea for police protection to facilitate the registration of an inter-faith marriage between a Hindu woman and a Muslim man under the Special Marriage Act, of 1954.

Justice Gurpal Singh Ahluwalia highlighted that such marriages are not considered valid under Muslim personal law, irrespective of registration under the Special Marriage Act.

Muslim Personal Law
Image Source: Court-Marriage

This ruling, issued on May 27, emphasizes the legal complexities surrounding inter-religious marriages in India.

Legal Complexities of Interfaith Marriages: Muslim Personal Law Prevails

The case originated from a Hindu woman and a Muslim man seeking legal protection to formalize their relationship under the Special Marriage Act. However, the woman's family strongly opposed the union, expressing concerns about potential societal backlash and accusing the woman of eluding with family jewelry.

The couple, represented by counsel Dinesh Kumar Upadhayay, clarified that neither party desired to convert to the other's religion, preferring instead to perform their marriage through the secular provisions of the Special Marriage Act.

The central legal debate revolved around whether the secular provisions of the Special Marriage Act take preference over personal religious laws concerning interfaith marriages. Counsel Upadhayay contended that the Act should prevail, as it upholds the principles of secularism and individual freedom of choice in marital matters.

Muslim Personal Law
Image Source: Wikipedia

However, Justice Ahluwalia disagreed, noting that while the Act provides a framework for interfaith marriages, it does not override the religious laws governing personal matters such as marriage.

The court referenced Section 4 of the Special Marriage Act, which specifies that marriages can proceed only if the parties are not within a prohibited relationship. This provision serves as a safeguard against unions prohibited by personal religious laws.

Moreover, the court observed that the couple had expressed no willingness to enter a live-in relationship or to convert to each other's religions, further weakening their legal stance.

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