The Madhya Pradesh High Court recently delivered a significant ruling regarding the validity of a marriage between a Muslim man and a Hindu woman under Muslim personal law. Additionally, it dismissed a plea for police protection for registering an inter-faith marriage under the Special Marriage Act, 1954.
In a decision articulated by Justice Gurpal Singh Ahluwalia, the court pronounced that a marriage between a Muslim man and a Hindu woman would be categorized as an “irregular” marriage under Muslim law, even if they formalize their union under the Special Marriage Act. The court’s stance, highlighted in a Bar and Bench report, emphasized that “As per Mahomedan law, the marriage of a Muslim boy with a girl who is an idolatress or a fire-worshipper, is not a valid marriage.” Therefore, even if such a marriage is registered under the Special Marriage Act, it would still be considered irregular (fasid) under Muslim law.
This verdict stemmed from a case where a couple, comprising a Muslim man and a Hindu woman, sought legal recognition of their union. However, the woman’s family opposed their inter-faith relationship, fearing societal repercussions. Allegations were made that the woman took jewelry from her family before marrying her Muslim partner.
According to the couple’s counsel, they intended to marry under the Special Marriage Act without either party converting to the other’s religion. However, the court ruled against granting them police protection for registering their marriage, stating that the Act does not legitimize marriages prohibited under personal laws. Furthermore, the court dismissed the plea, noting that the couple neither sought to change their religions nor expressed a desire for a live-in relationship as an alternative.
In essence, the court’s ruling underscores the complexities surrounding inter-faith marriages and the interface between personal laws and secular legislation, prompting a reassessment of legal frameworks governing such unions.