Hindu-Muslim Marriage Invalid Under Muslim Personal Law : MP HC Refuses Protection Plea Of Inter-Faith Couple

The Madhya Pradesh High Court recently refused to grant protection to an inter-faith couple observing that a marriage between a Muslim man and a Hindu woman was invalid as per the Muslim Personal Law.

The petitioners, stating that they were in love with each other, approached the Marriage Officer under the Special Marriage Act, however on account of objections raised by the family, they could not appear before the Marriage Officer. As a result, their marriage is not being registered.

In this backdrop, they sought, among other reliefs, protection to appear before the Marriage Officer on the date fixed for the registration of their marriage under the Special Marriage Act.

The Court refused protection stating that the marriage between Hindu woman and Muslim man would be irregular as per the Muslim personal law.

“As per Mahomedan law, the marriage of a Muslim boy with a girl who is an idolatress or a fire-worshiper, is not a valid marriage. Even if the marriage is registered under the Special Marriage Act, the marriage would be no more a valid marriage and it would be an irregular (fasid) marriage.” Justice Gurpal Singh Ahluwalia stated in the order passed on May 27.  

The Court considered the question whether marriage of a Muslim boy with a Hindu girl would a valid marriage or not. In this regard, it referred to discussion in the Supreme Court's judgment in Mohammed Salim (D) Through LRs. & Ors. Vs. Shamsudeen (D) Through LRs. & Ors regarding valid and invalid marriages under the Muslim personal law.

"Under personal law, performance of certain rituals are necessary for solemnization of marriage. However, if marriage is performed under Special Marriage Act, then such marriage cannot be challenged on the ground of non-performance of such mandatory rituals. But marriage under Special Marriage Act would not legalise the marriage which otherwise is prohibited under personal law. Section 4 of Special Marriage Act provides that if the parties are not within prohibited relationship then only marriage can be performed."

The Court noted that the couple were neither willing to be in a live-in relationship nor was the wife willing to convert to the husband.

"It is not the case of petitioners that in case if marriage is not performed, then they are still interested to live in live-in relationship. It is also not the case of petitioners that petitioner No.1 would accept Muslim religion. Under these circumstances, this Court is of considered opinion that no case is made out warranting interference," the Court said.

Citation: 2024 LiveLaw (MP) 105

Click here to read the judgment