The court observed,”Interfaith couples who choose not to convert for marriage can register their union under the Special Marriage Act.”
Prayagraj, UP: The Allahabad High Court has noted that the law allows interfaith couples to marry under the Special Marriage Act without needing to convert. Additionally, the court provided protection to an interfaith live-in couple who were receiving 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 observation while providing protection to a live-in couple who were facing threats to their life and liberty because of their relationship.
The state opposed the plea, arguing that the couple’s claim of marriage by agreement was not legally recognized.
The court rejected this argument, clarifying that although marriage by agreement is invalid, the parties can still apply for a court marriage under the Special Marriage Act without needing to convert.
“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.
The couple, wishing to marry under the Special Marriage Act without altering their religious affiliation, 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 provided protection to the couple and directed them to formalize their marriage under the Special Marriage Act, requiring them to submit documentary evidence in a supplementary affidavit. The next hearing is set for July 10.
The Special Marriage Act (SMA), 1954, offers a legal structure for the marriage of individuals from diverse religious backgrounds.
According to this law, individuals can marry someone of a different faith without having to alter their own beliefs. It fosters a society where love surpasses religious boundaries and is legally acknowledged across India.