UP 'Anti-Conversion' Law Prohibits Live-In Relation Between Interfaith Couples: Allahabad High Court

In a recent order, the Allahabad High Court has observed that Section 3(1) of the UP Prohibition of Unlawful Conversion of Religion Act, 2021 prohibits live-in relationships like a matrimonial bond between couples of different religions.

A bench of Justice Vivek Chaudhary and Justice Narendra Kumar Johari observed thus while disposing of a writ petition moved by a Hindu girl and her interfaith partner (petitioner No.2) seeking the quashing of an FIR lodged against petitioner no. 2 under Sections 363 & 366 IPC.

It was the case of petitioner No.1 (girl) that she wanted to get married to petitioner No.2, however, her family members were extending a threat to life, therefore she left her home and started living with petitioner No.2 as per her own free will.

It was further submitted that at present, both are residing with each other in a live-in relationship, which is permissible by law, therefore, it was contended that the impugned FIR is liable to be quashed.

On the other hand, the AGA, appearing for the state, opposed the submission of counsel for the petitioners and submitted that since both the petitioners belong to different religions and they have not applied for conversion of their religion according to Sections 8 & 9 of the U.P. Prohibition of Unlawful Conversion of Religion Act, 2021, therefore, being in such a relationship against the provisions of law, the FIR cannot be quashed.

Against the backdrop of these submissions, the division bench observed that Marriage is a sacred institution that confers legal rights upon parties and their children, regulated by law. In contrast, the implications of a live-in relationship are distinct. 

The Court further noted both the petitioners belong to different religions and they have not solemnized their marriage in accordance with law and, rather they are residing in live-in relationship, which is prohibited by Section 3 (1) of the 2021 Act.

The Court added that the punishment for contravention of provisions of Section 3 of the 2021 Act has been provided under Section 5 of the Act, and hence, the Court emphasized that "such residing of petitioners in a relationship like marriage cannot get approval by the Court of law".

In view of this, the Court concluded that the FIR in question cannot be quashed unless both petitioners solemnized their marriage in accordance with the law. The division bench, however, directed her to be sent to a Women's Protection Home in Lucknow until the solemnization of her marriage.

This decision came after an unfortunate incident took place at the High Court premises wherein while petitioner No.1/girl was leaving the Court, someone snatched documents from her. Concerned for her safety due to potential harm from her family, petitioner No.1 returned to the Court seeking her placement in Nari Niketan for protection. She subsequently filed an application seeking suitable security measures.

Allowing the same, the AGA was directed to ensure her safe admission to the Women's Protection Home. The Court further ordered that a lady police personnel shall also accompany the girl to the Women's Protection Home. With this, the petition was disposed of.

In related news, the Allahabad High Court had recently observed that the UP Prohibition of Unlawful Conversion of Religion Act, 2021 applies not only to marriages but to relationships in the nature of marriage or live-in relationships.

A bench of Justice Renu Agarwal ahd 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.”

Interestingly, last year, a single judge of the HC observed that inter-religion couples are at liberty to stay together in a Live-In relationship and their parents cannot interfere in such relations.

Case title - Shilpa Alias Shikha And Another vs. State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others [CRIMINAL MISC. WRIT PETITION No. - 2330 of 2024]

Case citation: 2024 LiveLaw (AB) 214

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