October 18, 2024
Necessary to comply with the anti-conversion law to legalise marriage: Allahabad HC
Supreme Court

Necessary to comply with the anti-conversion law to legalise marriage: Allahabad HC

Feb 3, 2024

Last Updated on February 3, 2024 by News Desk

It has been recently observed by the Allahabad High Court that if any person has converted to another religion even before the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, then also they have to make the compliance with the act so that the marriage can be validated if the marriage is being performed after the act came into being.

Issue:- A plea was filed before the HC whereby a couple sought protection. They were married in 2024 after one of the spouses had converted to Hinduism in the year of 2017.

Analysis:– The argument was made by the couple that since the conversion had taken place in 2017, as per the act no compliance has to be made.

Justice Kshitij Shailendra made an explanation that as per the anti-conversion law if the conversion has been done concerning marriage then, irrespective of any past even the compliance has to be done.

The court said that during the inquiry of the district magistrate, the conversion can be a relevant fact, but not a substantive proof to attach sanctity to the conversion.

Conclusion:- The court said that the petitioners must have complied with the provisions of the act if they wanted to attach validity to the marriage as the same is now governed by the act.

Case Title:- Smt Nikitia @ Najrana And Another v. State of UP And 3 Others

Written By:- Shianjany Pradhan (@SHIANJANYPRADHAN)

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