Marriage based on illegal conversion cannot be recognised: Allahabad HC
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Prayagraj: The Allahabad High Court has ruled that if a conversion is found to be illegal, any marriage based on it will automatically be invalid, and the couple cannot be recognised as legally married.
Justice Saurabh Srivastava passed the order on a writ petition filed by Mohammad Bin Qasim alias Akbar, seeking a direction to the respondents not to interfere in his marital life. The court, however, clarified that the couple is entitled to marry under the Special Marriage Act, which does not require conversion or religious rituals.
The petitioner’s counsel stated that Qasim belonged to the Muslim community, while Jainab Parveen alias Chandrakanta was Hindu. On February 22, 2025, Chandrakanta purportedly accepted Islam, and Khanqahe Alia Arifia issued a certificate for the conversion. Subsequently, on May 26, 2025, the couple solemnised their marriage according to Muslim law rituals, and a marriage certificate was issued by the concerned Quazi.
The additional chief standing counsel, however, opposed this, claiming that the conversion certificate issued by Khanqahe Alia Arifia was forged and fictitious, citing a reply from Saiyed Sarawan, secretary and manager of Jamia Arifia, Kaushambi, who confirmed that no such certificate was issued on February 22.
The court observed, "Conversion on a forged document cannot determine any of the essential ingredients as mentioned in the Uttar Pradesh Unlawful Conversion Act. Such a marriage is not sustainable in the eyes of law since, under Muslim law, a marriage is a contract between followers of the same religion. Once the conversion of Petitioner No. 2 (Chandrakanta) is illegal, the couple cannot be recognised as married."
The court directed the petitioners to register their marriage under the Special Marriage Act, which does not require any ritual conversion. Until the certificate is issued under this act, Petitioner No. 2 will reside in a women’s protection home in Prayagraj, as she has expressed her unwillingness to stay with her parents.
In addition, the court imposed an exemplary cost of Rs 25,000 on the counsel for the petitioners, to be deposited in the Mediation and Conciliation Centre within 15 days from the date of the order.
With PTI inputs