Read Time: 06 minutes
Couple sought court's protection stating that they aimed to marry, but since they faced hurdles due to conversion laws, they had opted for a live-in relationship
In the protection plea of an inter-religion couple who was in a live-in relationship, the Allahabad High Court recently directed them to either move an application for conversion before the District Magistrate concerned or to take steps for solemnizing their marriage under the provisions of the Special Marriage Act.
The couple sought court's protection stating that though they aimed to marry, they faced hurdles due to conversion laws, therefore, they had opted for a live-in relationship. But now, the family of the girl was threatening both of them with dire consequences.
The petitioners had applied to police authority but were not given any protection till date.
The plea was opposed by the standing counsel for the State who argued that the petitioners could not validly marry each other unless one of them converted to the religion of the other per provisions of the U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 and admittedly, till date, they had not applied to the concerned authority for lawful conversion.
He further contended that even to stay in a live-in relationship, they needed to convert to one religion, and therefore, in the present circumstances, the law could not provide them protection.
The bench of Justice Jyotsna Sharma opined that "it is the responsibility of the State to protect the common citizen in case they are facing threats in the hands of any person concerned or unconcerned".
Justice Sharma added that police authorities are under obligation to protect the petitioners' lives.
However, the judge highlighted that in case, the petitioners bonafidely intended to marry each other and could not marry just because they had not followed the law of conversion, even then it was still open for them to marry each other under the provisions of Special Marriage Act or to duly apply for conversion before the District Magistrate concerned at the earliest.
Therefore, keeping all the legal points involved in the matter 'as open', the single judge bench directed the respondent authorities to see that meanwhile no harm to the life of the petitioners was caused by family members of the girl directly or indirectly.
Court issued notice to the private respondent calling upon him to appear and file objection, if any.
The matter will be next taken up on July 11, 2024.
Furthermore, court directed the petitioners to show their bonafide by moving an application for conversion before the District Magistrate concerned, in accordance with law or taking steps for solemnizing their marriage under the provisions of the Special Marriage Act and filing documentary proof with the supplementary affidavit before the court by the next date.
Case Title: Roshani @ Roshani Yagyik And Another v. State Of Up And 3 Others
Please Login or Register
