UP 'Anti-Conversion' Law Applicable To Live-In Relationships Too: Allahabad High Court

A bench of Justice Renu Agarwal made this observation while dismissing a protection plea filed by an interfaith couple (petitioners) as it noted that the duo had not applied for registration of any conversion under the provisions of the 2021 Act.

Referring to Explanation to Section 3(1) of the Act, the Court observed that “…conversion is not only required for the purpose of marriage, but it is also required in all relationship in the nature of marriage, therefore, the Conversion Act applies to relationship in the nature of marriage or live-in relationship.”

The Act, which came into force on March 5, 2021, made it mandatory for interfaith couples to seek conversion according to its provisions, the court said as it observed that none of the petitioners had moved an application for conversion of religion in accordance with Section 8 and 9 of the Act.

The Court added that while the Courts have the power to interpret the provisions of law if there is ambiguity in the provisions of law, the 2021 law is explicit which mandates that conversion is required not only in cases of inter-caste marriages but in relationships in the nature of marriage too, hence, the Courts should refrain from embarking upon the interpretation of the law in any sense when the law is very explicit.

The observations were made as the court dismissed the protection plea filed by a Muslim woman (24) and his partner, a Hindu man (23) who claimed to have solemnised marriage in January this year as per Rituals of Arya Samaj.

They moved the court stating that they are living as wife and husband and their relationship is not relished and agreed by private respondent no.4, who is interfering in their marital life.

It was also submitted that the petitioners apprehend danger to the life and liberty from respondent No.4, therefore, the indulgence of the High Court was sought. On the other hand, the counsel for the state opposed their plea as it was argued that the petitioners had not applied for the conversion of religion.

Case title - Mariya Zameel Urf Riya And Another vs. State Of Up And 3 Others 2024 LiveLaw (AB) 195 [WRIT - C No. - 1067 of 2024]

Case citation: 2024 LiveLaw (AB) 195

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