Union of Hindu woman, Muslim man invalid under Muslim personal law even if registered under Special Marriage Act: Madhya Pradesh HC

“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.” the court said in its May 27 order.

A Hindu woman and a Muslim man had approached the High Court, through their counsel Dinesh Kumar Upadhayay, seeking police protection to appear before a marriage officer under the Special Marriage Act to get their marriage registered.

They did this after the woman’s family opposed their relationship and claimed that the woman had taken jewellery from the family house when leaving to marry her partner.

Upadhayay told the court that neither the woman nor the man wished to convert. He contended that even though a marriage between them would be prohibited under personal law, it would be valid under the Special Marriage Act. The Special Marriage Act would override the personal law, he argued.

However, the court said “marriage under Special Marriage Act would not legalise the marriage which otherwise is prohibited under personal law”. “Section 4 of the Special Marriage Act provides that if the parties are not in a prohibited relationship, then only marriage can be performed,” the court said.

The court proceeded to dismiss the couple’s petition after noting that they were neither willing to be in a live-in relationship without being married, nor was the woman willing to convert to the man’s religion.

“Under these circumstances, this court is of the considered opinion that no case is made out warranting interference,” the High Court said.

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