Court Ruling: Invalid Conversion Equals Invalid Marriage
The Allahabad High Court ruled a marriage under illegal conversion invalid. Justices highlighted the necessity of recognition under the Special Marriage Act. A conversion certificate was deemed forged, impacting the couple's Muslim law marriage status. Both parties were advised to register their marriage legitimately under the Special Marriage Act.
- Country:
- India
The Allahabad High Court has deemed marriages arising from illegal conversions as void, recognizing the necessity of legitimacy under the Special Marriage Act. This ruling follows Mohammad Bin Qasim's petition against interference in his marriage to Jainab Parveen, who converted from Hinduism to Islam, allegedly with a forged certificate.
The court highlighted that under Muslim law, marriage is a contract between followers of the same religion. With the conversion questioned, their marriage status under Islamic law couldn't be upheld. However, the court advised a solution: formalize the union under the Special Marriage Act, where religious conversion is unnecessary.
The court ordered Jainab Parveen to reside in a women's protection home until the marriage is registered under the act. An exemplary cost penalty of Rs 25,000 was also levied on the petitioners' counsel for pursuing the case. The deadline for payment is 15 days post-verdict.
(With inputs from agencies.)
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