Interfaith Couples Can Legalise Marry Without Conversion: Allahabad HC

In a recent judgement, the Allahabad High Court said that interfaith couples can legalise their marriages without conversion under the Special Marriage Act 1954. The court made this judgement while hearing a plea by an interfaith live-in couple who were facing threats. The couple were married by mutual agreement, not legally. The state objected to their marriage on an agreement and called it illegal. 

The single bench headed by Justice Jyotsna Sharma said, "Interfaith couples who choose not to convert for marriage can register their union under the Special Marriage Act." Stating this, Justice Sharma granted protection to the couple in question who were facing threats to their life and liberty because of the nature of their relationship.

Marriages on agreement vs marriage under the Special Marriage Act

The live-in couple claimed that they married based on an agreement. This was opposed by the state as illegal. 

While the court agreed with the state and said that marriage based on the agreement was not legal, it further added that the couple can register their marriage in court.

"In my opinion, marriage through agreement is definitely invalid in law. However, the law does not prevent the parties from applying for court marriage under the Special Marriage Committee without conversion," Justice Sharma said in her order.

The couple was ready to register their marriage under the Special Marriage Act. Yet, they sought protection from the court so that they could proceed with their registration. 

Court's final statement

The court referred to the affidavit submitted by the couple stating that they don't want to convert their religions and want to practice their individual faith. Justice Sharma added, "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 a matrimonial relationship as per law."

Hence, the court granted protection to the couple and ordered them to register their marriage. The couple has to submit a supplementary affidavit as documentary proof of their registered marriage under the Special Marriage Act. 

The next hearing of the case will be held on July 10.