May 30th 2024.
The recent ruling by the Madhya Pradesh High Court has sparked controversy and debate over inter-faith marriages in India. The court declared that a marriage between a Muslim man and a Hindu woman, even if registered under the Special Marriage Act, is not considered valid under Muslim personal law. This decision was made while dismissing a plea for police protection by a couple seeking to register their inter-faith marriage.
Justice Gurpal Singh Ahluwalia stated that according to Muslim law, such a marriage would be seen as "irregular" and not recognized as a valid union. The court's order, dated May 27, further clarified that even if the marriage was performed under the Special Marriage Act, it would still be considered irregular under the Mahomedan law. This has caused concern and confusion among many who believe that the Special Marriage Act should take precedence over personal religious laws.
The case involved a Muslim man and a Hindu woman who faced opposition from the woman's family. The family was worried about the potential backlash from society and also accused the woman of taking jewelry from their home before eloping with her Muslim partner. The couple, however, wanted to marry without converting to each other's religions, and they believed that the Special Marriage Act allowed for such inter-faith marriages.
Their counsel argued that the Special Marriage Act should supersede personal religious laws and validate their marriage. However, the court did not agree with this argument and emphasized that the Special Marriage Act does not legalize marriages that are prohibited under personal laws. Justice Ahluwalia referred to Section 4 of the Special Marriage Act, which states that marriages can only be solemnized if the parties are not within a prohibited relationship. The court also took into consideration that the couple did not wish to enter a live-in relationship or change their religions, which further weakened their plea.
This ruling has raised concerns about the protection of individual rights and the freedom to choose one's partner in India. It has also brought to light the complexities and differences between personal and civil laws in the country. As the debate continues, it remains to be seen what impact this decision will have on inter-faith marriages in the future.
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