The Allahabad High Court has ruled that if a religious conversion is found to be illegal, a marriage based on it will automatically be invalid, and the couple cannot be recognised as married in the eyes of law.
Justice Saurabh Srivastava delivered the order while hearing a writ petition filed by Mohammad Bin Qasim alias Akbar, who had sought protection for his marital life with Jainab Parveen alias Chandrakanta. The court, however, clarified that the petitioners were free to perform marriage under the Special Marriage Act.
The petitioner’s counsel submitted that Qasim is a Muslim and Chandrakanta was originally Hindu. On February 22, 2025, Chandrakanta accepted Islam, and a certificate was allegedly issued by Khanqahe Alia Arifia. The couple later solemnised their marriage under Muslim law on 26 May 2025 and obtained a certificate from a Quazi.
The State’s counsel opposed the plea, arguing that the conversion certificate was forged. The secretary and manager of Jamia Arifia, Saiyed Sarawan, Kaushambi, had stated in a reply that the institution had not issued the certificate on the said date.
Taking note of this, the court observed: “After hearing rival contentions raised by the learned counsel for the parties and perusal of the entire records, one thing is clear, that conversion on a forged document cannot determine any of the essential ingredients as mentioned in the Uttar Pradesh Unlawful Conversion Act.”
The court further held: “Such, marriage solemnised between the petitioners is also not sustainable in the eyes of law since as per the Muslim Law, marriage is a contract between the follower and believer of the same religion. Once, the conversion in respect of Petitioner No 2 (Chandrakanta) is illegal, both the petitioners cannot be recognised as a married couple in the eyes of law.”
While striking down the marriage, the bench directed the couple to register under the Special Marriage Act, which does not require conversion. It also ordered that Petitioner No 2 be placed in a women’s protection home in Prayagraj until the marriage is registered, as she was unwilling to stay with her parents.
The court also imposed an exemplary cost of ₹25,000 on the counsel for the petitioners, directing that it be deposited in the Mediation and Conciliation Centre within 15 days.
(With inputs from Deccan Chronicle)
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