The wedding of a Muslim man with a Hindu woman, even if it is registered under the Special Marriage Act, is not valid, the Madhya Pradesh High Court has said while dismissing an interfaith couple’s petition seeking protection and help in registering their marriage.
In an order dated May 27, Justice G. S. Ahluwalia said, “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. Even if the marriage is registered under the Special Marriage Act, the marriage would be no more a valid marriage and it would be an irregular (fasid) marriage.”
“Under personal law, performance of certain rituals are necessary for solemnisation of marriage. However, if marriage is performed under Special Marriage Act, then such marriage cannot be challenged on the ground of non-performance of such mandatory rituals. But marriage under Special Marriage Act would not legalise the marriage which otherwise is prohibited under personal law. Section 4 of Special Marriage Act provides that if the parties are not within prohibited relationship then only marriage can be performed,” Justice Ahluwalia said.
Sarika Sen and Safee Khan, both aged 23 and residents of Madhya Pradesh’s Anuppur district, had approached the court in April after they failed to appear for marriage before the Marriage Officer under the Special Marriage Act due to objections from the woman’s family. “As a result, their marriage is not being registered,” the couple said in their petition.
Apart from seeking security from the local police, Ms. Sen and Mr. Khan, who said that they were in love, also sought permission to be able to appear before the Marriage Officer and requested that the woman’s family be directed not to file a kidnapping case against the man.
“It is submitted by counsel for petitioners that since petitioners want to perform marriage under the Special Marriage Act, therefore Nikah is not required. It is further submitted that both the petitioners have come to a consensus that petitioner No.1 (Ms. Sen) shall continue to follow her Hindu religion, whereas petitioner No.2 (Mr. Khan) shall continue to follow his Islam religion and nobody would interfere with religious feelings of each other. It is further submitted that there is no intention of petitioner No.1 to accept the Islam religion,” the court noted.
The couple’s counsel also submitted that “the Special Marriage Act would override the personal law therefore marriage of a Muslim boy with a Hindu girl would not be an irregular marriage”.
The High Court, however, referred to a Supreme Court judgment to see if the marriage would be valid.
“It is not the case of petitioners that in case if marriage is not performed, then they are still interested to live in live-in relationship. It is also not the case of petitioners that petitioner No.1 would accept Muslim religion,” he further said, while junking their plea.
Published - May 30, 2024 10:08 pm IST
