Read Time: 06 minutes
The mother and aunt of the Muslim girl were Hindu by birth and the Hindu boy belonged to the maternal side of the mother of the girl. The couple had allegedly married as per Hindu rites and rituals at an Arya Samaj Mandir
The Allahabad High Court recently refused to grant protection to a live-in couple who happened to be distant cousins. The girl and the boy belonged to different religions but claimed that they had married according to Hindu rites and rituals at an Arya Samaj Mandir.
The bench of Justice Ram Manohar Narayan Mishra noted that since the couple belonged to different religions, compliance of Sections 8 and 9 of the UP Prohibition of Unlawful Conversion of Religion Act, 2021 was needed, which was not the case in the present matter.
Therefore, the single judge bench ordered, "The version of petitioner no. 1 for performing marriage with petitioner no. 2 into Hindu religious cannot be given effect at this stage for want of compliance of Section 8 and 9 of the Act and the relief sought by the petitioners cannot be granted at this stage".
Court, however, clarified that it was open to the couple to approach the District Magistrate for compliance of Sections 8 and 9 of the Act and seek necessary order under the Act.
"If the petitioners seek necessary sanction from the District Magistrate, they will be at liberty to file fresh petition before this Court," ordered the court.
Section 8 of the Act provides conditions to be fulfilled for declaration before conversion of religion and pre-report about it. Section 9 provides for declaration post-conversion of religion.
As per Section 8, the person who desires to convert his/her religion has to give a declaration at least sixty days in advance to the District Magistrate or Additional District Magistrate that the decision to convert is of his own and with free consent without any force, coercion, undue influence and allurement. A similar one month advance notice is also to be given by the person who performs conversion ceremony to District Magistrate or Additional District Magistrate.
The couple submitted before the court that they were distant cousins through the maternal side but the girl had changed her religion from Muslim to Hindu to marry the Hindu boy. She submitted that for this she had moved an application before the District Magistrate, Meerut and Saharanpur on June 30, 2023, and also got published in the news paper that she had changed her name and religion.
The couple sought protection on the ground that they were major persons, living together on their own will but the girl's father was interfering in their peaceful live-in relationship.
Opposing the couple's plea, the standing counsel for the state submitted that their marriage would come within legislative Prohibition contained in the Act, and without compliance of Sections 8 and 9 of the Act, the future conversion of either of the petitioners to other's religion will not be in accordance with law without compliance of Section 8 and 9 of the Act.
Court, taking note of the submission made, held that prima facie the case at hand could not be treated as a matter of re-conversion and therefore, compliance of the provisions of the Act was necessary.
Case Title: Smt. Shraddha @ Jannat And Another v. State Of U.P. And 5 Others
Please Login or Register
