Marriage not valid if conversion found illegal, says Allahabad HC

Court directs couple to marry under the Special Marriage Act; says forged conversion certificate will not determine legality of the marriage

The Allahabad High Court on Wednesday ruled that a marriage based on an illegal conversion will automatically be invalid and the man and woman will no longer be recognised as a married couple in the eyes of the law.

 

The order was passed by Justice Saurabh Srivastava on a writ petition filed by Mohammad Bin Qasim alias Akbar, seeking directions to restrain the respondents from interfering in his peaceful marital life, news agency PTI reported.

 

The court, however, also added that both the petitioners are entitled to perform their marriage under the Special Marriage Act (SMA), which allows individuals to solemnise a civil marriage, regardless of their religion, caste, or creed.

 

 

The petitioner's counsel said that Qasim belonged to the Muslim community, while Jainab Parveen, alias Chandrakanta, was a Hindu who accepted Islam on February 22, 2025. A certificate for the same was issued by Khanqahe Alia Arifia.

 

On May 26, 2025, the couple solemnised their marriage in accordance with the rituals of the Muslim law, and a marriage certificate was issued by the concerned Quazi.

 

Opposing the plea, the additional chief standing counsel argued that the conversion certificate, allegedly issued by Khanqahe Alia Arifia, was forged and fictitious. He pointed out that the secretary and manager of Jamia Arifia, Saiyed Sarawan, in Kaushambi, had stated in a reply that the institution had not issued the certificate on February 22.

 

The court observed, "After hearing rival contentions raised by the learned counsel for the parties and perusal of the entire records, one thing is clear, that conversion on a forged document cannot determine any of the essential ingredients as mentioned in the Uttar Pradesh Unlawful Conversion Act."

 

It further added, "Such a marriage solemnised between the petitioners is also not sustainable in the eyes of law since, as per the Muslim Law, marriage is a contract between the followers and believers of the same religion. Once the conversion in respect of Petitioner No 2 (Chandrakanta) is illegal, both the petitioners cannot be recognised as a married couple in the eyes of the law."

 

The high court directed the petitioners to register their marriage under the SMA, which does not require any conversion rituals, adding that until the marriage certificate is issued, Chandrakanta will remain in a women's protection home in Prayagraj, because she has declined to stay with her parents and consented to live there.

 

The court also imposed an exemplary cost of ₹25,000 on the petitioners’ counsel, to be deposited in the Mediation and Conciliation Centre within 15 days of the order.

 

What is the Special Marriage Act?

 

The Special Marriage Act of 1954 is a law that establishes a legal framework for interfaith and intercaste marriages. It provides for the registration of marriages, granting them legal recognition and extending several benefits and protections to the couple, including inheritance, succession, and social security rights.

 

It requires a 30-day notice period to the marriage registrar, during which objections can be raised. It mandates that both parties must be of legal age, 21 for men and 18 for women, must be unmarried, and mentally sound.

 

The act prohibits polygamy. It declares a marriage invalid if either partner had a spouse who was alive at the time of the marriage or if either of them is incapable of giving consent to the marriage due to an unsound mind.

 

Who can consider registering their marriage under SMA?

 

According to a report in The Times of India, here's a list of people who can consider SMA:

Interfaith couples: Those belonging to different religions who want to get married without converting

 

Inter-caste couple: People who belong to different castes can also get married under SMA