Marriage Under The Special Marriage Act Of A Hindu Girl And Muslim Boy Irregular-MP High Court

The Madhya Pradesh High Court, in a recent development, denied a petition titled X & Anr. v. State of Madhya Pradesh & Ors. for police protection for a couple as it observed that marriage between a Muslim man and a Hindu woman shall not be valid under the Muslim personal law. The couple had applied for police protection so as to register their inter-faith marriage under the Special Marriage Act, 1954. 

Facts of the Case-

• A couple, where the woman follows the Hindu faith and the man is a muslim, approached the High Court, while seeking police protection in order to appear before the marriage officer so as to get their marriage registered under the Special Marriage Act 
• The couple applied for police protection for their concerns of social boycott and after the family of the woman opposed the relationship claiming that the women took jewellery from the house when she left the house to get married.
• The counsel for the couple, Dinesh Kumar Upadhayay, informed the Court that the couple did not wish to convert their religion, also that the marriage between the couple as per the personal law would not be valid, the couple could get married legally under the Special Marriage Act, 1954. 
• The Counsel for the couple, argued that a marriage under the Special Marriage Act will override the personal law. Hence making the marriage under Special Marriage Act as valid.

Observations by the High Court

• The Court observed that such marriage which is otherwise prohibited under the personal law would not be legal under the Special Marriage Act, 1954. Also, Section 4 of the Special Marriage Act provides that a a marriage shall be valid only if the parties to the marriage do not fall within prohibited relationship.
• Further, the Court observed that the couple was not willing to be in a live-in relationship nor the woman wishes to convert to Islam. 
• The Court noted that the as per the above mentioned circumstances, there is no case for interference on Court’s part. 
• The Bench of Justice Gurpal Singh Ahluwalia observed that a marriage between a Muslim man and a Hindu woman shall be treated as an “irregular (fasid) marriage” according to the Muslim personal law even when the couple got married under the Special Marriage Act.
• The Court held that according to the Mahomedan law, marriage of a Muslim boy with such a girl who is a fire-worshipper or an idolatress, would not be a valid marriage. Also, even when such marriage has been registered under the Special Marriage Act, it shall not be a valid marriage but an irregular (fasid) marriage.
• The Court pointed out that marriages under Special Marriage Act could be solemnised without having to follow such customs which shall be necessary under the personal laws, however the Act does not legalise such marriages which would be prohibited under the personal laws. 
• Mentioning the precedent in the case of Mohammed Salim v Shamsudeen by the Apex Court, the Court held that in the present case, marriage would be irregular as per the Muslim law.

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