Allahabad High Court Refuses Relief To 3 Interfaith Couple Citing Non-Compliance Of UP Love Jihad Law

The Bench of Justice Siddharth observed that there was non-compliance of Section 8 & 9 of the Ordinance (now Act) as the mandatory requirement of submitting a declaration form before the district magistrate (DM) 60 days prior to conversion was not complied with.

Dealing with the matter of one Asma, a Muslim by religion, who married a Hindu man as per Hindu Marriage rites and applied for online registration of their marriage, the Court said:

"There is no evidence of conversion of petitioner no.1 to Hindu religion. Without conversion to Hindu religion the marriage of the petitioners cannot be said to be in accordance with law."

Further, dealing with the case of Hunaina, a Muslim by religion married a Hindu man who adopted the religion of Islam and thereafter, the petitioners entered into Nikah.

A certificate of acceptance of the religion of Islam signed by a Kazi dated 05.03.2021 was brought on record in support of the aforesaid statement.

However, the Court ruled:

"The marriage of the petitioner no. 2 (Man) with petitioner no. 1 (Woman) is illegal. The certificate of Kazi is of no consequence in view of the above ordinance…The conversion of the petitioner no. 2 from Hindu religion to Islamic religion is in contravention to the ordinance."

Lastly, dealing with a matter of one Kareena, who converted to Hindu religion to marry a Hindu man and produced certificate by some Sansakar Adhikari of Arya Samaj and claimed that they got married on 27.02.2021 and a certificate had been issued by the Sanskar Adhikari.

To this, the Court said:

"The conversion of the petitioner no.1, Smt. Kareena @ Pooja, cannot be held to be legal, therefore no relief can be granted to the petitioners…The conversion of the petitioner no. 1 from Islamic religion to Hindu religion is in contravention to the aforesaid ordinance which has now been made a Bill."

It may be noted that Section 8 of the law states that one who desires to convert his or her religion, had to give a declaration in a prescribed form at least 60 days in advance to the DM or the additional district magistrate putting forth his/her wish to convert his/her religion on his/her own and with his/her free consent and without any force, coercion, undue influence or allurement.

On the other hand, Section 9 of the Law states that the converted person will have to send a declaration in a prescribed form within 60 days of the date of his/her conversion to the concerned DM.

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