Interfaith Couples Can Marry Under Special Marriage Act Without Need Of Conversion: Allahabad High Court

A bench of Justice Jyotsna Sharma observed thus while granting protection to a live-in couple who had moved the court seeking a direction to restrain opposite parties from interfering with their life, liberty and privacy.

The petitioners argued that without converting to the faith/religion of the other, they decided to cohabit as husband and wife and get married under the Special Marriage Act soon.

It was also their case that they faced threats from respondents, so they could not move freely. They further argued that they cannot diligently pursue their matter of getting married under the provisions of the Special Marriage Act unless protection is granted to them.

Their specific stand before the Court was that they wished to continue to follow their own faith/religion, did not propose to convert, and were mature enough to make decisions regarding their lives.

On the other hand, the standing counsel submits that the petitioners mentioned in the petition that they had already gotten married as per the marriage agreement; however, such marriage is not recognised in law, and therefore, no protection can be given.

In response, though the court clarified that marriage through agreement is invalid in law, the Court said that the law does not prevent the parties from applying for court marriage under the Special Marriage Committee without conversion.

Given this, the court granted protection to the couple. It however, directed the couple to “show their bonafide” by taking steps to solemnize their marriage under the provisions of the Special Marriage Act and filing documentary proof thereof with the supplementary affidavit.

The matter will be heard next on July 10.