The Madhya Pradesh High Court recently ruled that a marriage between a Muslim man and a Hindu woman is not valid under Muslim personal law.
The court made this observation while rejecting a plea from an interfaith couple seeking police protection to conduct and register their marriage under the Special Marriage Act.
Justice Gurpal Singh Ahluwalia, in a ruling issued on May 27, noted that even if a Muslim man and a Hindu woman marry under the Special Marriage Act, it would still be considered an “irregular (fasid) marriage,” according to a report by Bar and Bench.
“As per Mahomedan law, the marriage of a Muslim boy with a girl who is an idolatress or a fire-worshiper, 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,” the court stated.
As per the couple’s petition, the woman’s family opposed their relationship, fearing that the couple would be boycotted by society they marry.
The couple, wishing to marry under the Special Marriage Act, stated through their counsel that neither intended to convert to the other’s religion. The woman planned to continue practicing Hinduism, and the man intended to continue practicing Islam.
However, the court dismissed their plea, noting that the couple was neither willing to live together without being married nor was the woman willing to convert to Islam.
“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. Under these circumstances, this Court is of considered opinion that no case is made out warranting interference,” the court noted.
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