In a significant decision, the Allahabad high court has said that consent of the state or executive is not required for the marriages after changing religion and that the registration of such marriages can not be refused on the ground that the prior consent of the district magistrates was not taken before solemnising the marriage.
A single bench comprising Justice Suneet Kumar passed the order on a batch of petitions filed by 17 interfaith couples, who had contended that registration of their marriages was refused as they had not obtained prior consent of the district magistrates as required by the the Uttar Pradesh Prohibition of Unlawful Religious Conversion Act 2021.
"The consent of the family or the community or the clan or the State or Executive is not necessary, once the two adult individuals agree to enter into a wedlock which is lawful and legal," the court said.
"The factum of marriage and the registration of marriage are entirely distinct and different....The registration merely evidences the factum of marriage between the parties, whereas, legality of the marriage, whether void or voidable, is for the aggrieved party to settle in accordance with the law before the designated forum/court," it further observed.
"The choice of a partner, whether within or outside marriage, lies within the exclusive domain of each individual. Intimacies of marriage lie within a core zone of privacy, which is inviolable. The absolute right of an individual to choose a life partner is not in the least affected by matters of faith," it added.
"The Unlawful Conversion Act, 2021, per se, does not prohibit interfaith marriage. The Marriage Registrar/Officer, however, lacks power to withhold the registration of marriage, merely for the reason that the parties have not obtained the necessary approval of conversion from the district authority. Such an approval is directory and not mandatory," the court said.
One of the petitioners had contended that she had converted and married a Muslim but her application for registration of the marriage was rejected on the ground that she had not taken prior permission of the district magistrate before converting. Similarly the application of a Muslim woman, who had converted and married a Hindu youth, was also rejected on the same ground.
Uttar Pradesh was the first state to have a law against religious conversion through deceit, force, allurement or any other fraudulent means or for the purpose of marriage. It provided that any one wanting to convert on one's own volition to marry would have to compulsorily obtain permission of the concerned district magistrate two month in advance.
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