By Anand Mohan J

The Madhya Pradesh High Court has observed that a marriage between a Muslim man and a Hindu woman is not valid under Muslim personal law. The court made the observation as it turned down a plea by a couple seeking police protection to register an inter-faith marriage under the Special Marriage Act, 1954.

Justice Gurpal Singh Ahluwalia said that a marriage between a Muslim man and a Hindu woman would be treated as an “irregular (fasid) marriage” under Muslim personal law even if they married under the Special Marriage Act.

“As per Mahomedan law, the marriage of a Muslim boy with a girl who is an idolatress, or a fire-worshipper, is not a valid marriage. Even if the marriage is registered under the Special Marriage Act, the marriage would be no more a valid marriage, and it would be an irregular (fasid) marriage.” the court said in its May 27 order.

A Hindu woman and a Muslim man had approached the High Court, through their counsel Dinesh Kumar Upadhayay, seeking police protection to appear before a marriage officer under the Special Marriage Act to get their marriage registered.

They did this after the woman’s family opposed their relationship and claimed that the woman had taken jewellery from the family house when leaving to marry her partner.

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