The court observed,”Interfaith couples who choose not to convert for marriage can register their union under the Special Marriage Act.”
In Prayagraj, Uttar Pradesh, the Allahabad High Court emphasized that interfaith couples can marry under the Special Marriage Act without any obligation to convert. Furthermore, the court granted protection to an interfaith live-in couple facing threats.
The court observed,”Interfaith couples who choose not to convert for marriage can register their union under the Special Marriage Act.”
Justice Jyotsna Sharma made this statement while granting protection to a live-in couple threatened due to their relationship. The state opposed their plea, contending that their claim of marriage by agreement lacked legal validity. However, the court dismissed this argument, affirming that while marriage by agreement is not legally recognized, the couple can still pursue court marriage under the Special Marriage Act without any requirement for conversion.
“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 said in her order.
Seeking to wed under the Special Marriage Act without changing their religious beliefs, the couple requested 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 matrimonial relationship as per law,” the court recorded in the order.
The court granted the couple protection and instructed them to complete their marriage formalities under the Special Marriage Act, mandating the submission of documentary evidence through a supplementary affidavit. The next hearing is scheduled for July 10th.
The Special Marriage Act (SMA), 1954, provides a legal framework for marriages involving individuals from various religious backgrounds. This legislation enables individuals to marry partners of different faiths without the need to change their own beliefs. It promotes a society where love transcends religious barriers and is legally recognized throughout India.
