Can Inter-Religious Couples be forced to Register Under Special Marriage Act?
Can Inter-Religious Couples be forced to Register Under Special Marriage Act?
GARVIT TRIPATHI
Background:
The special marriage act, 1954 is an act of the parliament of India enacted to provide a special form of marriage for people India and all Indian nationals in foreign countries, irrespective of the religion or faith followed by either party. The Act originated from a piece of legislation proposed during the late 19th century. Marriages solemnized under special marriage Act are not governed by any personal law. But can Inter-Religious Couples be forced to Register Under Special Marriage Act?
The special marriage act, 1954 replaced the old Act III, 1872. The new enactment has 3 major objectives
1. To provide a special form of marriage in certain cases.
2. To provide for the registration of a certain marriage.
3. To also provide for divorce.
Current Issue (Can Inter-Religious Couples be forced to Register Under Special Marriage Act?):
The Supreme court recently diluted a direction issued by Allahabad High Court to a couple who had executed nikahnama to register their marriage under the special marriage Act.
A couple had approached the Allahabad High Court seeking police protection. The High Court noticed that the girl was a Hindu before her conversion to Islam and marriage with the boy, directed them to get their marriage registered under the Special Marriage Act before the registrar. The court had then directed the police to ensure that their peaceful married life is not disturbed in case they produced their marriage registration certificate.
The couple approached the apex court contending that they do not want to get their marriage registered under the Special Marriage Act as they have already executed Nikahnama.
If it is so, the court cannot force them to get the marriage registered under the Special Marriage Act, 1954 said the bench comprising JUSTICE Mohan M. Shatanagoudar and JUSTICE Sanjiv Khanna while modifying the High Court order.
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Conclusion:
As the girl has already converted to Islam for being a Hindu, the boy also fellows Islam and the couple has also executed Nikahnama. So there is no need to register a marriage which is between two people of the same religion under the Special Marriage Act, 1954. Supreme Court bench of Justice Mohan M. Shatanagoudar and Justice Sanjiv Khanna by modifying the order of Allahabad High Court. stating “ The Court cannot force the couple to get the marriage registered under The Special Marriage Act, 1954.
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