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Allahabad HC upholds interfaith couples’ right to Special Marriage Act without conversion
The court observed, “Interfaith couples who choose not to convert for marriage can register their union under the Special Marriage Act.”
While granting protection to an interfaith live-in couple facing threats, the Allahabad high court observed that the law permits interfaith couples to marry under the Special Marriage Act without conversion.
The court observed, “Interfaith couples who choose not to convert for marriage can register their union under the Special Marriage Act.”
Justice Jyotsna Sharma made this observation while granting protection to a live-in couple facing threats to their life and liberty due to the nature of their relationship.
The state, however, objected to the plea, arguing that the couple claimed to have married by agreement, which is not legally recognised. The court dismissed this argument, stating that while marriage by agreement is invalid, parties can apply for court marriage under the Special Marriage Act without conversion.
“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,” Justice Sharma stated in a May 14 order.
The couple, who expressed their desire to marry under the Special Marriage Act without changing their religion, sought protection to proceed with their registration.
“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 matrimonial relationship as per law,” the court recorded in the order.
The court granted protection to the couple and instructed them to solemnise their marriage under the Special Marriage Act, providing documentary proof in a supplementary affidavit. The next hearing is scheduled for July 10.
The Special Marriage Act (SMA), 1954 provides a legal framework for the marriage of people belonging to different religions. Under this law, one can marry with a person of other religion without changing his or her faith. It promotes a society where love transcends faith and is legally recognised throughout India.
