Madhya Pradesh HC denies protection to interfaith couple seeking to marry under Special Marriage Act

The judge said that a union under the Special Marriage Act between a Muslim man and Hindu woman would not be valid as per Islamic personal law.

Madhya Pradesh HC denies protection to interfaith couple seeking to marry under Special Marriage Act

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The Madhya Pradesh High Court earlier this week denied police protection to an interfaith couple who wanted to get married under the Special Marriage Act.

Justice Gurpal Singh Ahluwalia, in an order passed on May 27, said that the union of a Muslim man and Hindu woman was not a valid marriage as per Islamic personal law, even if it was registered under the Special Marriage Act.

The High Court was hearing petitions by a Muslim man and Hindu woman who approached the Marriage Officer under the Special Marriage Act, but could not wed each other because of objections from the woman’s family. Both the man and woman said that they wanted to continue professing their own religions.

The petitioners sought police protection so that they could register their union under the Special Marriage Act. However, the woman’s family members argued that if the marriage took place, they would be boycotted by society.

The family also alleged that the woman took jewellery and cash from her home when she left to marry her Muslim partner.

The couple’s lawyer argued that the marriage would not be an irregular one as it would be registered under the Special Marriage Act, which would override personal law. The court, however, did not accept this contention.

Justice Ahluwalia noted...

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