Bhopal: In a significant ruling, the Madhya Pradesh High Court has ruled that a marriage between a Muslim man and a Hindu woman would not be considered valid under Muslim personal law. The court also dismissed a plea seeking police protection for registering an inter-faith marriage under the Special Marriage Act, 1954, India Today reported quoting Bar and Bench.
Justice Gurpal Singh Ahluwalia emphasized that even if a Muslim man and a Hindu woman marry under the Special Marriage Act, it would still be deemed an “irregular” marriage under Muslim law. This ruling comes amidst a plea filed by a couple, where the woman’s family vehemently opposed their inter-faith relationship, expressing fears of societal ostracism if the marriage proceeded, the news portal reported.
Highlighting the legal intricacies, the court noted, “As per Mahomedan law, the marriage of a Muslim boy with a girl who is an idolatress or a fire-worshipper is not considered valid. Even if the marriage is registered under the Special Marriage Act, it would no longer be recognized as a valid marriage, and would be deemed irregular (fasid).”
The couple’s desire to marry under the Special Marriage Act without religious conversion was also brought to light. However, the court maintained that the Act cannot legitimize marriages prohibited under personal law. It further underscored that Section 4 of the Special Marriage Act mandates marriage only if the parties are not within a prohibited relationship, India Today reported.
Despite the couple’s plea for police protection during their marriage registration process, the court dismissed their request, citing lack of willingness to either convert religions or engage in a live-in relationship as alternatives, the news portal reported.