Cannot Force Inter Religious Couple Who Executed Nikahnama To Register Marriage Under Special Marriage Act: SC

The Supreme Court recently diluted a direction issued by Allahabad High Court to a couple who had executed Nikhanama to register their marriage under Special Marriage Act.

A couple had approached the Allahabad High Court seeking police protection. The High Court noticing that the girl was a Hindu before her conversion to Islam and marriage with the boy, directed them to get their marriage registered under the Special Marriages Act before the Registrar. The court had then directed the police to ensure that their peaceful married life is not disturbed in case they produced their marriage registration certificate.

The couple approached the Apex Court contending that they do not want to get their marriage registered under the Special Marriage Act as they have already executed Nikahnama.

If it is so, the Court cannot force them to get the marriage registered, said the bench comprising Justice Mohan M. Shantanagoudar and Justice Sanjiv Khanna while modifying the High Court order.