The Madhya Pradesh High Court has dismissed a petition filed by a Hindu girl and Muslim boy aged 23 years seeking direction for protection and to the concerned authority for registration of marriage after the family members raised objection.
Justice GS Ahluwalia held as per Mahomedan law, the marriage of a Muslim boy with a girl who is an idolatress or a fire-worshipper, is not a valid marriage. Even if the marriage is registered under the Special Marriage Act, the marriage would be no more a valid marriage and it would be an irregular (fasid) marriage.
Under personal law, performance of certain rituals are necessary for solemnization of marriage, the court observed.
However, if marriage is performed under Special Marriage Act, then such marriage cannot be challenged on the ground of non-performance of such mandatory rituals, the court observed.
But marriage under Special Marriage Act would not legalise the marriage which otherwise is prohibited under personal law. Section 4 of Special Marriage Act provides that if the parties are not within prohibited relationship then only marriage can be performed, the court observed.
It is not the case of petitioners that in case if marriage is not performed, then they are still interested to live in live-in relationship. It is also not the case of petitioners that petitioner No.1 would accept Muslim religion, the court order said.
Under these circumstances, this Court is of considered opinion that no case is made out warranting interference, the court ordered.
Petitioners belong to different religions, therefore counsel for the petitioners was directed to address this Court as to whether marriage of petitioner No.1 with petitioner No.2 will be a valid marriage or not?
It is submitted by counsel for petitioners that petitioners are in love with each other. They have already approached the Marriage Officer under Special Marriage Act, however on account of objections raised by respondent No.5, they are not in a position to appear before the Marriage
Officer. As a result, their marriage is not being registered, the court order said.
It is submitted by counsel for petitioners that since petitioners want to perform marriage under the Special Marriage Act, therefore Nikah is not required. It is further submitted that both the petitioners have come to a consensus that petitioner No.1 shall continue to follow her Hindu
religion, whereas petitioner No.2 shall continue to follow his Islam religion and nobody would interfere with religious feelings of each other, the court order said.
It is further submitted that there is no intention of petitioner No.1 to accept the Islam religion.
The petition is vehemently opposed by counsel for respondent No.5 (a family member).
It is submitted that petitioner No.1 has left her house by taking jewellery of all the family members and has also taken away cash amount. It is further submitted that since the petitioner No.1 wants to perform an inter-religion marriage and in case if it takes place, then respondent No.5 and his family would be boycotted by the Society, therefore petitioners are not entitled for any protection.
Petition fails and is hereby dismissed, the court ordered.
