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Synopsis

The Allahabad High Court recently observed the law does not prevent an interfaith couple from applying for court marriage under the Special Marriage Committee, without conversion. Court held that interfaith couples can marry under the Special Marriage Act.

The bench of Justice Jyotsna Sharma made this observation while protecting a live-in couple threatened due to their relationship.

The state opposed the couple's protection plea, arguing the couple's marriage by agreement was not legally valid.

The court dismissed this, clarifying that while marriage by agreement is invalid, couples can marry under the Special Marriage Act without converting.

"In my opinion, marriage through agreement is definitely invalid in law. However, law does not prevent the parties from applying for court marriage under the Special Marriage Committee, without conversion," Justice Sharma explained.

The couple wanted to marry under the Special Marriage Act without changing their religion and sought protection for their registration.

They filed an affidavit stating that they will continue to follow the faith/religion of their own and do not propose to convert but they seriously want to enter into matrimonial relationship as per law.

Court noted their intent to marry without converting, acknowledging their maturity to decide their lives and legal rights to marry.

Court granted protection and directed the couple to register their marriage under the Special Marriage Act, requiring documentary proof in a supplementary affidavit. The next hearing is on July 10.

"To show their bonafides, by next date of hearing the petitioners shall take steps for solemnizing their marriage under the provisions of Special Marriage Act and file documentary proof thereof with the supplementary affidavit," ordered the court.

The Special Marriage Act, 1954, allows people of different religions to marry without changing their faith.

Case Title: Smt Sunita Rani Alias Sunita And Another v. State Of Up And 3 Others