MP High Court: Conversion is necessary in Hindu-Muslim marriage, otherwise the marriage will be considered illegal
Under the Special Marriage Act, inter-religious marriage between a Muslim boy and a Hindu girl is not valid under Muslim law. The High Court rejected the petition of Hindu-Muslim couple…
Inter Religious Marriage: Under the Special Marriage Act, inter-religious marriage between a Muslim boy and a Hindu girl is not valid under Muslim law. The MP High Court gave this important decision on Thursday. Even after marriage, the woman will continue to follow Hinduism and the man will follow Islam, so the court rejected the petition seeking protection.
Justice Gurpal Singh Ahluwalia said, the marriage of a Muslim boy and a Hindu girl will be considered an irregular (fasid) marriage in Muslim Personal Law, even if it is done under the Special Marriage Act.
According to the Muslim Personal Board, such a marriage is 'fasid'
The court said, the marriage of a Muslim boy with an idol worshipper or fire-worshipper is not valid in Muslim law. Even if registered under the Special Marriage Act, the marriage will no longer be a valid marriage and it will be an irregular (fasid) marriage.
The arguments did not work. The lawyer said, inter-religious marriage is prohibited under personal law, but is valid under the Special Marriage Act.
The Special Marriage Act will prevail over the personal law. The court said, under the Special Marriage Act, a marriage cannot be challenged for not following religious rituals, but if it is prohibited under personal law, then such a marriage will not be a legal marriage.