Allahabad High Court grants protection to live in couple due to nature of relationship.

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While granting protection to a live-in couple facing threats to their life and liberty due to the nature of their relationship, the Allahabad High Court has said that law permits interfaith couples to marry under the Special Marriage Act without conversion.

“The interfaith couples who do not want to change their religion for the purpose of marriage can register their marriage under the Special Marriage Act”, observed the high court.

Justice Jyotsna Sharma made the observation while granting protection to a live-in couple facing threats to their life and liberty due to the nature of their relationship.

During the hearing, the state opposed the plea and submitted that the couple in their plea have said that they have already got married as per an agreement. Such a marriage is not recognised in law and therefore, no protection can be given, it was argued.

While rejecting the argument, the court said,“In my opinion, marriage through agreement is definitely invalid in law. However, law does not prevent the parties from applying for court marriage under the Special Marriage Committee without conversion,” Justice Sharma said in a May 14 order.

The couple had earlier told the court that they are adult and have decided to marry under the Special Marriage Act, as they do not want to change their religion. It was submitted that they cannot pursue the matter for registration of marriage unless protection is granted.

“Supplementary affidavit has been submitted in which it is categorically submitted that they will continue to follow the faith/religion of their own and do not propose to convert and that they are mature enough to take decision as regard their lives. Further they seriously want to enter into matrimonial relationship as per law,” the court recorded in the order.

While directing protection of the couple, the court directed them to take steps for solemnising the marriage under the provisions of special marriage Act and file documentary proof thereof with the supplementary affidavit. The matter will be heard next on July 10.

The Special Marriage Act (SMA), 1954 provides a legal framework for the marriage of people belonging to different religions. Under this law, one can marry with a person of other religion without changing his or her faith. It promotes a society where love transcends faith and is legally recognized throughout India.

 

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