The Aryavarth Express
Agency (Madhya Pradesh): The Madhya Pradesh High Court has ruled that a marriage between a Muslim boy and a Hindu girl is not valid under Muslim law. This decision emerged while the court was hearing a petition from an interfaith couple seeking police protection to register their marriage under the Special Marriage Act, 1954.
The court clarified that even if such a marriage is registered under the Special Marriage Act, it would still be considered an irregular (fasid) marriage according to Muslim personal law. The court’s observation highlighted that, under Mahomedan law, a marriage between a Muslim boy and a girl who is an idolatress or fire-worshiper is deemed invalid.
The couple, consisting of a Hindu woman and a Muslim man, wished to marry without converting to each other’s religion. They intended to continue practicing their respective faiths after the marriage. However, the woman’s family opposed the relationship, fearing societal boycott and alleging that the woman had taken jewelry from their home before eloping.
The court emphasized that a marriage under the Special Marriage Act cannot be legalized if it is prohibited by personal law. It noted that Section 4 of the Special Marriage Act allows marriage only if the parties are not within a prohibited relationship. The court dismissed the couple’s petition, not
