Prayagraj, Sept 24: In a landmark judgment, the Allahabad High Court has ruled that marriages based on illegal religious conversion are automatically invalid, and the parties involved cannot be recognized as a married couple under the law.
The verdict was delivered by Justice Saurabh Srivastava on a writ petition filed by Mohammad Bin Qasim alias Akbar, seeking protection from interference in his marital life. The court, however, clarified that the petitioners are entitled to marry under the Special Marriage Act, which allows interfaith marriages without conversion rituals.
The case arose when Qasim, a Muslim, married Jainab Parveen alias Chandrakanta, a Hindu woman who allegedly converted to Islam on February 22, 2025, and obtained a certificate from Khanqahe Alia Arifia. The couple solemnized their marriage on May 26, 2025, according to Muslim rituals, and received a certificate from the local Quazi.
The legality of the conversion came under scrutiny when the additional chief standing counsel argued that the certificate was forged and fictitious. The secretary and manager of Jamia Arifia, Saiyed Sarawan of Kaushambi, stated that the institution had not issued any certificate on the mentioned date.
After examining the submissions and records, the court observed:
“Conversion on a forged document cannot determine any of the essential ingredients as mentioned in the Uttar Pradesh Unlawful Conversion Act. Such marriage solemnized between the petitioners is also not sustainable in the eyes of law since, as per Muslim law, marriage is a contract between followers of the same religion. Once the conversion of Petitioner No 2 is illegal, both petitioners cannot be recognized as a married couple under the law.”
Despite invalidating the marriage under Muslim law, the court directed the couple to register their marriage under the Special Marriage Act, which does not require conversion, enabling their union to be legally recognized.
Additionally, the court ordered that Petitioner No 2 (Chandrakanta) be accommodated in a women’s protection home in Prayagraj until the marriage certificate under the Special Marriage Act is issued. The petitioner consented to stay there, expressing her unwillingness to reside with her parents.
The ruling emphasizes that illegal conversions cannot be used as a basis for marriage, reinforcing the provisions of the Uttar Pradesh Unlawful Conversion Act, while also providing a legal pathway for interfaith couples to formalize their marriage through statutory law. (Agencies)
