News Mania desk/Agnibeena Ghosh/1st June 2024
In a landmark decision, the Allahabad High Court granted protection to an interfaith live-in couple facing threats, affirming their right to marry under the Special Marriage Act (SMA) without conversion. This ruling underscores the legal framework that allows individuals from different religious backgrounds to marry without changing their faiths.
Justice Jyotsna Sharma, delivering the judgment, emphasized that the law permits interfaith couples to marry under the SMA, which provides a secular avenue for marriage. “Interfaith couples who choose not to convert for marriage can register their union under the Special Marriage Act,” Justice Sharma noted.
The couple had been facing threats to their life and liberty due to the nature of their relationship. Despite objections from the state, which argued that their claimed marriage by agreement was not legally recognized, the court dismissed this contention. “In my opinion, marriage through agreement is definitely invalid in law. However, law does not prevent the parties from applying for court marriage under the Special Marriage Committee without conversion,” Justice Sharma stated in the May 14 order.
The couple expressed their intent to marry under the SMA without converting religions, highlighting their desire to maintain their respective faiths. They sought the court’s protection to proceed with their registration. “Supplementary affidavit has been submitted in which it is categorically submitted that they will continue to follow the faith/religion of their own and do not propose to convert and that they are mature enough to take decisions regarding their lives. Further, they seriously want to enter into a matrimonial relationship as per law,” the court recorded.
Granting protection, the court instructed the couple to solemnize their marriage under the SMA and provide documentary proof in a supplementary affidavit. The next hearing is scheduled for July 10.
The SMA, enacted in 1954, offers a legal framework for interfaith marriages in India, allowing individuals to marry without renouncing their religion. It promotes a society where love transcends religious boundaries and is legally recognized.
This ruling by the Allahabad High Court is significant in promoting the rights of interfaith couples, ensuring their protection and validating their choice to marry without conversion. It reflects the evolving legal and social landscape in India, where the right to marry freely, irrespective of religious differences, is increasingly recognized and upheld.
The court’s decision not only provides immediate relief to the couple but also sets a precedent for future cases involving interfaith relationships. It reinforces the principle that personal freedom and choice in marriage are fundamental rights that must be protected. As India continues to grapple with issues of religious identity and personal liberty, such judgments play a crucial role in shaping a more inclusive and equitable society.
