Hindu-Muslim Marriage Invalid Under Muslim Personal Law: Madhya Pradesh HC
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New Delhi: The petition of an inter-faith couple who sought protection was recently rejected by the Madhya Pradesh High Court.
While refusing their plea for protection, the court said that marriage between a Muslim man and a Hindu woman was invalid as per the Muslim Personal Law, reported LiveLaw.
The petitioners had said in their plea that despite being in love with each other, their marriage couldn’t be registered under the Special Marriage Act as they couldn’t appear before the Marriage Officer owing to objections raised by their family.
Among other reliefs, the couple had sought protection to appear before the Marriage Officer to register their marriage under the Special Marriage Act.
“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.” Justice Gurpal Singh Ahluwalia stated in the order passed on May 27, reported LiveLaw.
While deciding on the case, the court considered the question whether marriage between a Muslim man and a Hindu girl would be valid or not.
The court observed that the petitioners were neither willing to be in a live-in relationship, nor the woman was willing to convert to Islam, the man’s religion.
"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," said the court.
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