Interfaith marriages without religious conversion illegal: Alld HC
The Allahabad High Court directed the state home secretary to investigate how Arya Samaj temples are issuing marriage certificates without following rules and submit a compliance report. The court declined to set aside the criminal proceedings against the man who married a minor after allegedly kidnapping her.
In his order dated July 24, Justice Prasant Kumar made it clear that the investigation has to be made by an officer not below the rank of deputy commissioner of police.
Before passing the above directions, the court found that the applicant and the victim belong to different religions. "There is averment in the application that they have solemnized marriage in Arya Samaj Mandir at Prayagraj. However, the same could not have been done without proper conversion as per the existing law," added the court.
With these observations and directives, the court dismissed the petition filed by one Sonu alias Shahnur, who had moved the court to quash summoning order dated September 12, 2024 issued against him as well as the entire proceedings of criminal case going on against him under section 363 (punishment), 366 (kidnapping a woman to compel her to marry) 376 (rape) of IPC and sections 3/4 of the Protection of Children from Sexual Offence (Pocso) Act at Nichlaul police station of Maharajganj district.
During the course of hearing, the counsel for the applicant submitted that Shahnur had solemnized marriage with the victim on February 14, 2020. He further submitted that since the girl was minor, she was sent to Nari Niketan and when she became an adult, she started living with the applicant.
On other hand, the government counsel submitted that the girl is minor as per her high school certificate and she could not have solemnized marriage with the applicant.
He submitted that the applicant and the victim come from different religions, as such, their marriage cannot be considered valid until and unless proper conversion is carried out in accordance with the provisions of the UP Prohibition of Unlawful Conversion of Religion Act, 2021.
He further submitted that the marriage certificate has been issued by Arya Samaj Mandir, which seems to be a fabricated document.
In support of his arguments, the state counsel quoted an earlier order passed by this court, in which the court pointed out that certain people who claim themselves of Arya Samaj and are getting marriages solemnized illegally with mala fide intentions without even verifying the age of the couple.
The court will hear the case next on August 29.
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