Person Converting Religion For Marriage Must Be Informed Of Legal Consequences Like Inheritance, Maintenance: Delhi HC Issues Directions

The Delhi High Court on Friday observed that an individual undergoing religious conversion for the purpose of marriage must be fully informed of the legal consequences associated with it and issued a slew of directions to be followed in conversion cases.

Justice Swarana Kanta Sharma observed that by providing a detailed understanding of the religious and its associated ramifications, the individual must be made aware of the potential shifts in his or her legal standing post-conversion.

The court said that the foremost requirement in the process of religious conversion for the purpose of marriage revolves around ensuring informed consent and comprehensive understanding on the part of the individual undergoing conversion.

“To achieve this, it becomes paramount to furnish and inform the individual with exhaustive information concerning the religious doctrines, customs, and practices associated with the chosen faith, which includes an explanation of the tenets, rituals, and societal expectations inherent in religious conversion, to ensure that consent to such conversion is an informed consent, given after fully understanding the consequences of such action,” it added.

Justice Sharma directed that the affidavit regarding the age, marital history, marital status and its evidence of both the parties must be obtained at the time of inter-faith marriage after conversion by the concerned authorities, except in cases of marriages performed under Special Marriage Act, 1954.

The court directed that an affidavit must also be obtained to the effect that the conversion is being undergone voluntarily after understanding the implications and consequences related to marital divorce, succession, custody and religious rights etc.

“A certificate must be appended to the conversion certificate that the convert has been explained the tenets, rituals and expectations inherent in religious conversion as well as implications and consequences related to marital divorce, succession, custody and religious rights etc,” the court said.

It added that the certificate of conversion and marriage should also be in additional vernacular language understood by the prospective convert in proof of the fact that he or she has understood the same.

“The same be in Hindi also where the language spoken and understood by the prospective convert is Hindi, in addition to any other language preferred to be used by such authority. Where the language spoken and understood by the prospective convert is other than Hindi, the said language can be used,” the court said.

However, the court clarified that the guidelines will not be applicable to the person converting back to his or her original religion, since the convert in such cases is already well-versed with his or her original religion.

The court observed that conversion to another religion which is uninformed may not prepare a convert with the consequences that an individual will not be able to follow his or her form of religion in case the religion they are converting to, does not permit so.

Justice Sharma made the observations while refusing to quash a rape case registered against a man. The woman initially alleged that the man raped her by mixing sedatives in her drink. However, later, the woman converted to Islam for marrying him.

After the accused was granted interim bail on the basis of settlement between the parties, the man filed the plea seeking quashing of the rape case, claiming that marriage was solemnized between them after conversion of the woman.

During the pendency of the matter, accused was enlarged on regular bail by the trial court after taking note of the fact that the woman had admitted that she had got married to him and that they already preferred a quashing petition before the High Court. Rape charges were also framed against him in the meanwhile.

Dismissing the plea, the court observed that at every stage of police investigation and judicialproceedings, the prosecutrix misguided the authorities and did not come to the court with clean hands.

Observing that the facts and investigation of the case revealed the story of love, lies, law and litigation, the court said:

“The marriage between petitioner and the respondent no. 2 is prima facie not valid, however, she has been assured by the accused of its validity by virtue of a Nikahnama. She and probably the accused presumed that they are legally married due to the conversion of the prosecutrix, however, they are not. Therefore, the very basis of their contention that FIR be quashed since they are married now, is meritless.”

The court noted that the woman was illiterate, could only sign in Hindi and did not know Urdu and thus, there was nothing in the certificate of marriage showing that its contents or the conversion certificate, which was also in Urdu, was explained to her.

“As per investigating officer, no documents were available in the office record where the conversation and Nikah had taken place between the parties,” the court said.

Another aspect noted by the court was that during the recording of the prosecutrix's statement under Section 164 of CrPC, only two questions were asked by the Magistrate and thus, the statement recorded read as mere formality in a typed initial performa.

“It is strange that though the Magistrate was actually examining a woman who is 40 years of age and having two children, she was asked about her favourite fruit and favourite colour,” the court said.

Accordingly, the court also issued guidelines to be followed by the Magistrates while recording statements of a victim of sexual assault under Section 164 of Cr.P.C.

The court said that the statements should not be recorded mechanically or in a typed performa. It added that the Magistrate must interact with the victim to make preliminary inquiries by putting age appropriate and educational background appropriate questions to adjudge the competence of the victim to depose and give rational answers.

“In case of child victims, the Magistrate must satisfy that he or she understands the sanctity of oath, and in case of tender age, may dispense with administering oath,” the court said.

It added: “The preliminary inquires as well as the statements must be in vernacular and should not typed stereotyped performas, as all cases are not the same, and all victims may not have same level of intelligence, competence to understand, or social and educational background.”

Furthermore, the court said that sexual violence against a woman should invite no tolerance but at the same time, manipulating the system by the parties to a rape case would equally need to be dealt with a stern hand.

It added that serious efforts should be made to address and remedy failings within the criminal justice system and through the society.

“Without doubt, it is not the continuity of the proceedings which will be abuse of process of law in this case, but bringing to halt or quashing of the proceedings which will be equivalent to permitting abuse of process of law by both the parties herein. Thus, in view of the above facts and circumstances, this Court does not find it a fit case to quash the FIR,” the court said.

Counsel for Petitioner: Mr. Shyam Kumar, Advocate

Counsel for Respondents: Mr. Sanjeev Bhandari, ASC for the State along with Mr. Kunal Mittal, Mr. Arjit Sharma and Ms. Rishika, Advocates

Title: MAKSOOD AHMAD v. STATE OF NCT OF DELHI & ANR.

Citation: 2024 LiveLaw (Del) 70

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