The Madhya Pradesh High Court recently declared a marriage between a Muslim man and a Hindu woman invalid under Muslim personal law. The High Court rejected the interfaith couple's plea for security during marriage under the Special Marriage Act, 1954. Justice Gurupal Singh Ahluwalia, while dismissing the plea, stated that the union of a Muslim man and a Hindu woman is not recognized under Muslim Personal Laws and the Special Marriage Act.
As per a report by Bar and Bench, the interfaith couple had requested police protection to marry under the Special Marriage Act, which was denied. The High Court explained that according to Muslim law, a marriage between a Muslim man and a girl who worships idols or fire is deemed void, even if they marry under the Special Marriage Act. In this particular case, the Hindu girl's family opposed the marriage, expressing concerns about potential societal ostracism.
The girl's parents alleged that she had taken household ornaments when leaving to marry the Muslim boy. The couple's legal representatives informed the court that the Hindu girl wished to retain her faith and hence, they intended to marry under the Special Marriage Act. Similarly, the Muslim boy also desired marriage without converting.
The lawyers petitioned the court for police protection during the marriage registration. They argued that interfaith couples can marry under the Special Marriage Act, which supersedes the Muslim Marriage Act. However, the High Court ruled that such a marriage is invalid even under the Special Marriage Act.
Citing Section 4 of the Special Marriage Act, the Court emphasized that marriage is permitted only if the couple is not in a prohibited relationship. Since the individuals involved do not want to change their religion or engage in a live-in relationship, their proposed marriage is deemed invalid.
