Interfaith couples can register marriage without conversion, says Allahabad High Court

In a recent judgement, the Allahabad High Court said that interfaith couples who do not wish to change their religions for marriage can register their union under the Special Marriage Act. This significant observation was made by Justice Jyotsna Sharma while granting protection to a live-in couple who were facing threats to their lives and liberty due to their relationship dynamics, the Bar and Bench reported.

The court's decision came as a response to the State's opposition to the couple's plea for protection. The State argued that the couple had already entered into a marriage through an agreement, which is not recognised under the law. Therefore, they contended that no protection should be provided. 

However, Justice Sharma dismissed this argument, stating that while a marriage through agreement may be invalid in law, the parties are not barred from seeking court marriage under the Special Marriage Act without conversion.

According to the court order issued on May 14, the couple expressed their intention to marry under the Special Marriage Act as they did not want to undergo a religious conversion. They highlighted that they were committed to following their own faiths and did not intend to convert. 

The court acknowledged this stance and directed the couple to take necessary steps to formalise their relationship under the Special Marriage Act while granting them protection. The case is set to be heard again on July 10. Advocate Shakil Ahmad represented the couple in the case, while Standing Counsel Pramit Kumar Pal appeared for the State. 

However, the Madhya Pradesh High Court had recently taken a contrasting stance on a similar matter involving an interfaith couple. In its ruling, the Madhya Pradesh High Court stated that a marriage under the Special Marriage Act would not validate a union prohibited under Muslim personal law, specifically citing restrictions on Muslim men marrying idol-worshippers or fire-worshippers as per Islamic law.