Friday 19 December 2014

Conversion and marriage

The Allahabad High Court has recently held that conversion solely for the purpose of marriage is invalid and refused to grant protection to couples seeking protection from police and relatives. The court observed that conversion should be only after understanding the tenets of the religion and accepting them. A similar view was held by the Kerala High Court in 2012, that declared that conversion just before marriage was void and laid down such marriages to be contracted not under personal laws but the Special Marriage Act. The court was of the opinion that marriages contracted under secular law would give greater protection to the parties as opposed to the personal laws. The Supreme Court is also of the similar opinion.
Similarly, in the case of Sarla Mudgal, the Apex Court had observed that conversion to Islam solely for contracting a bigamous marriage is void and had also held the second marriages so contracted as void. The court was of the opinion that a man cannot hide behind the shied of Islam just to save himself from the loophole in the law relating to bigamy.
The courts state that in order to have a valid inter-religious marriage, the couples should get married under the Special Marriage Act.

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