Muslim Woman Didn't Convert To Hinduism Before Marrying Hindu Man, Marriage Not Valid But Couple Entitled To Live-In-Relation: P&H High Court

The Bench of Justice Arun Kumar Tyagi however ruled that the couple would be entitled to live in live-in-relationship in nature of marriage and also to the protection of their life and liberty.

The matter before the Court

Petitioner No.1, a Muslim Girl (18 years of age) and petitioner No.2, a Hindu boy (25 years of age) approached Punjab & Haryana High Court seeking protection of their life and liberty.

They averred that they, being major, performed marriage on 15^th January 2021 at Shiv Mandir, Village Durana, as per Hindu rites and ceremonies against the wishes of respondent No.4 and the petitioners are apprehending threat to their life and liberty at their instance.

Court's observations

In the instant case, the Court noted, the marriage between the Muslim Girl and a Hindu Boy in accordance with Hindu rites and ceremonies, prima facie, won't be valid as admittedly petitioner No.1 did not convert to Hindu religion before the solemnization of marriage in accordance with Hindu rites and ceremonies.

However, the Court further added,

"The petitioner No.1 being major is entitled to live with a person and at a place of her choice and both the petitioners will be entitled to live in live-in-relationship in the nature of marriage and also to protection of their life and liberty".

In this regard, the Court also referred to the Judgment of Supreme Court in Nandakumar and another Vs. State of Kerala and others: 2018 (2) RCR (Civil) 899.

Accordingly, the petition was disposed of with the directions to the Superintendent of Police, Ambala City to look into the grievances of the petitioners.

Also, SP was directed to take appropriate action for protection of their life and liberty as may be warranted by the circumstances.

In related news, last month, while hearing a protection plea filed by a Muslim couple, Punjab & Haryana High Court observed that "a Muslim man may get married more than once without divorcing his earlier wife but the same does not apply to a Muslim lady".

The Bench of Justice Alka Sarin noted that the Petitioner No.1, the Muslim lady (who admittedly was married earlier) did not obtain a legally valid divorce from her first husband before marrying Petitioner No. 2, Muslim Man.

Also, last month, the Punjab & Haryana High Court last month granted protection to a Muslim Girl (17 Year Old) who married a Muslim Man (36-Year-Old) while noting that both are of Marriageable Age under Muslim Personal Law.

The Bench of Justice Alka Sarin was hearing a protection plea filed by Muslim Husband-Wife (Petitioners) who solemnized their marriage on 21^st January 2021 as per Muslim rites and ceremonies.

Notably, the Allahabad High Court had, in October last year, dismissed a writ petition seeking police protection filed by a married couple.

This is after the Court noted that the girl was a Muslim by birth and she has converted her religion to Hinduism, just a month before the marriage was solemnized.

This clearly reveals that the conversion has taken place only for the purpose of marriage, said Justice Mahesh Chandra Tripathi. The judge referred to a 2014 judgment in Noor Jahan Begum @ Anjali Mishra & Anr. v. State of U.P. & Ors., in which it was observed that conversion just for the purpose of marriage is unacceptable.

Taking note of this, the Court had dismissed the writ petition saying that it is not inclined to interfere in the matter under Article 226 of the Constitution of India.

However, a division bench declared this judgment as bad in law on November 11. The division bench judgment may be read here.

Case title - Nasima and another v. State of Haryana and others [CRWP-2148-2021]

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