Conversion only for marriage is disconcerting: High court
PRAYAGRAJ: The Allahabad high court has held that a person who has attained the age of majority is free to live with a person of his choice. The court went on to observe that it is disconcerting that in matrimonial matters one party has to change his or her religion to the faith of another only for marriage.
Justice JJ Munir, while allowing the petition filed by one Pooja alias Zoya of Saharanpur, held that she was more than 18 years old and hence free to live with the person of her choice.
In the petition, it was alleged that Pooja and Shahvez got married on August 5, 2020. Since the father of the woman was against the marriage, he illegally detained her daughter and was not allowing her to live with Shahvez, it was further alleged.
At one point of time, the court had directed the father of the woman to produce her in court on September 17 but he did not do so. The court then directed the senior superintendent of police, Saharanpur, to produce the woman on September 21.
However, on September 21, the woman could not be produced before court as she was found Covid-19 positive. Later, she was produced before the court on October 8 after her reports returned negative.
The woman then informed the court that she had married Shahvez and wanted to live with him.
At this, the court directed to set her free and observed, “Pooja alias Zoya is ordered to be set at liberty forthwith. She is free to stay with whomsoever she wants and go wherever she likes. Since she has indicated her desire to go along with her husband, she is free to do so.”
On the issue of conversion only for marriage, the court observed, “Though, under the Constitution, a citizen has the right to profess, practise or propagate the religion of his/her choice, but it is disconcerting that in matrimonial matters one party should change his/her faith to the other’s just for the sake of matrimony and nothing more. Marriage is one thing and religion quite another. If two citizens of India professing different religions wish to marry, it is open to them to do so under the Special Marriage Act, 1954, which is one of the earliest endeavours towards a uniform civil code.”
Hearing another petition, the high court recently reiterated that conversion only for marriage was not valid and dismissed a petition filed by an interfaith couple.
Justice MC Tripathi had passed the order on a petition seeking directions to police and girl’s father not to interfere in their peaceful married life filed by Priyanshi alias Samreen and her partner.
In the petition, it was stated that the couple had married in July this year but family members of the girl are interfering in the married life of the couple.
HEARING ANOTHER PETITION, THE HIGH COURT RECENTLY REITERATED THAT CONVERSION ONLY FOR MARRIAGE WAS NOT VALID
AND DISMISSED A PETITION FILED BY AN INTERFAITH COUPLE.