Marriage Invalid If Based on Forged Conversion Certificate: Allahabad High Court

The petitioners, Md. Bin Qasim alias Akbar and his partner, had moved the court seeking a mandamus to restrain authorities from interfering in their marital life. Their counsel argued that both were adults entitled to marry under the Constitution. The woman’s date of birth, shown in her school records, established that she had attained majority.

To support their claim, the couple produced a certificate dated February 22, 2025, purportedly issued by Khanqahe Alia Arifia, Kaushambi, showing that the woman had voluntarily embraced Islam. Based on this, they submitted a marriage certificate dated May 26, 2025, issued by a Quazi, as proof of their union under Muslim law.

However, the State government, represented by Additional Chief Standing Counsel Ashwani Kumar Tripathi, opposed the plea. On the basis of instructions from the concerned authorities, the State informed the court that Secretary/Manager of Jamia Arifia, Saiyed Sarawan, Kaushambi, U.P. had categorically denied issuing any such certificate of conversion. The document relied upon by the petitioners was thus described as forged and fictitious.

While the genuineness of the marriage certificate remained unverified, the court held that since the conversion itself was invalid, the subsequent marriage could not stand in law.

Justice Srivastava observed that under Muslim law, marriage is a contractual relationship between followers of Islam. Since the woman’s alleged conversion was fraudulent, the marriage solemnised on its basis had no legal sanctity.

Court further noted that conversion, if genuine, must comply with the provisions of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, which lays down specific procedures.

"Once, the conversion which took place in respect of petitioner no.2, is illegal, the consequential effect will automatically blown off and as such as on today, petitioner nos.1 and 2 cannot be recognized as a married couple in the eye of law," court said. 

During the hearing, both petitioners appeared in person. The woman stated that she was residing with Qasim but acknowledged that this was under the cover of a forged document. Expressing unwillingness to return to her parental home, she consented to stay at the Women Protection Home in Prayagraj. Court accordingly directed her placement there until the couple formally registered their marriage under the Special Marriage Act.

"Both the petitioners are entitled to perform marriage under the Special Marriage Act since the unlawful conversion which has been submitted by petitioners through the instant petition, is not valid," court held. 

Since Ghazipur district does not have a Registrar of Special Marriages, court permitted the couple to approach the Registrar in Prayagraj. The authorities, including the District Magistrate, Commissioner of Police, and District Probation Officer of Prayagraj, were directed to ensure security and compliance.

In a strong rebuke, court imposed an exemplary cost of Rs. 25,000 on the petitioners’ counsel for presenting an unverified and forged conversion certificate.

Justice Srivastava warned that such conduct undermined the judicial process and must not be repeated. The amount is to be deposited with the Mediation and Conciliation Centre of the High Court within 15 days, failing which it will be recovered as arrears of land revenue by the District Magistrate.

Case Title: Md. Bin Qasim Urf Akbar And Another vs State of UP and 3 Others

Order Date: September 23, 2025

Bench: Justice Saurabh Srivastava