The Allahabad High Court on Wednesday (September 24) ruled that a marriage founded on an illegal religious conversion will automatically be deemed invalid. Justice Saurabh Srivastava, while deciding on a writ petition filed by Mohammad Bin Qasim alias Akbar, observed that since the conversion of his partner was based on a forged certificate, the couple could not be recognised as married under law.
Qasim had approached the court seeking protection for his marital life with Jainab Parveen alias Chandrakanta. He claimed that his wife, originally a Hindu, had converted to Islam on February 22, 2025, after which they solemnised their marriage under Muslim personal law on May 26, 2025.
Opposing the plea, the additional chief standing counsel argued that the conversion certificate submitted by the petitioners was fabricated. The certificate was purportedly issued by Khanqahe Alia Arifia, but the institution, in its official reply, categorically denied having issued any such document on February 22.
The court, after examining the records, observed: “Conversion on a forged document cannot determine any of the essential ingredients as mentioned in the Uttar Pradesh Unlawful Conversion Act. Such a marriage solemnised between the petitioners is also not sustainable in the eyes of law.”
It further added that, under Muslim law, marriage is a contractual union between followers of the same faith. Since the alleged conversion was invalid, the marriage stood void.
Despite rejecting the validity of their religious marriage, the court allowed the petitioners the liberty to solemnise their union under the Special Marriage Act, 1954 (SMA), which provides a secular framework for interfaith marriages.
Until such registration is complete, the court directed that petitioner Chandrakanta would remain at a women’s protection home in Prayagraj, as she declined to stay with her parents and consented to live independently under state protection.
Additionally, the court imposed an exemplary cost of ₹25,000 on the petitioners’ counsel, to be deposited in the Mediation and Conciliation Centre within 15 days.
What is the Special Marriage Act?
The Special Marriage Act, 1954 was enacted to provide a legal framework for marriages irrespective of caste, religion, or creed. Key provisions include:
Eligibility: Men must be at least 21 years and women 18 years old. Both parties must be unmarried and mentally sound.
Procedure: A 30-day public notice is issued by the marriage registrar before solemnisation, allowing objections.
Legal safeguards: It prohibits polygamy and ensures inheritance, succession, and social security rights for couples.
Applicability: Especially suited for interfaith and inter-caste couples who do not wish to undergo religious conversion.
The Allahabad HC’s decision shows the judiciary’s firm stance against fraudulent conversions and misuse of religious institutions to validate marriages. It also reaffirms the SMA as the most reliable route for interfaith unions, protecting both legal rights and individual autonomy.
Comments