An interfaith couple recently turned to the court for protection against threats from the family of the Muslim petitioner, who opposed their marriage. They sought police protection to safely appear before the Marriage Registration Officer under the Special Marriage Act and assurance that no criminal charges, such as kidnapping, would be brought against the Hindu petitioner.
Legal Issues Involved:
1. Validity of Interfaith Marriage under Muslim Law: The primary concern was whether a marriage between a Muslim man and a Hindu woman, solemnized under the Special Marriage Act, would be valid under Muslim personal law.
2. Police Protection for Interfaith Couples: The couple requested police protection, drawing on the Supreme Court's decision in Lata Singh vs. State of UP, which upheld adults' right to choose their partners regardless of religion or caste.
Court's Observations and Decision:
Justice Ahluwalia carefully examined the legal landscape surrounding interfaith marriages, especially under Muslim personal law and the Special Marriage Act. The court referred to the Supreme Court's ruling in Mohammed Salim (D) Through LRs. vs. Shamsudeen (D) Through LRs., which differentiates between valid, void, and irregular marriages under Muslim law.
The court noted that under Muslim law, a marriage between a Muslim man and a Hindu woman is considered irregular (fasid) but not void. It emphasized that even if such a marriage is registered under the Special Marriage Act, it remains irregular under Muslim personal law.
Key Observations:
1. Irregular Marriage: The court pointed out that a marriage between a Muslim man and a Hindu woman is not void but merely irregular, and any child from such a union is entitled to a share in the father's property.
2. Special Marriage Act: The court observed that while the Special Marriage Act overrides personal law in procedural matters, it does not legalize a marriage that is otherwise prohibited under personal law. Section 4 of the Act states that parties must not be within a prohibited relationship.
3. No Police Protection: Considering the marriage's irregular status under Muslim law, the court concluded that the petitioners were not entitled to police protection. The court stated, "Under these circumstances, this Court is of the considered opinion that no case is made out warranting interference."
The court's decision underscores the complexities interfaith couples face in navigating personal and civil law intersections, highlighting the delicate balance between legal provisions and societal norms.
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