If Conversion Is Found Illegal, Couple Cannot Be Recognised As Married: Allahabad High Court

Prayagraj:

The Allahabad High Court has ruled that a marriage based on illegal conversion cannot be legally recognized, and the individuals involved will not be considered a married couple under the law.

Justice Saurabh Srivastava delivered this judgment on a petition filed by Mohammad Bin Qasim (also known as Akbar), who sought protection from interference in their marital life.

The court clarified that both petitioners retain the right to marry under the Special Marriage Act.

According to the petitioner's legal representative, Qasim was Muslim while Jainab Parveen (formerly Chandrakanta) was Hindu. On February 22, 2025, Chandrakanta allegedly converted to Islam, with Khanqahe Alia Arifia issuing a conversion certificate.

The counsel stated that on May 26, 2025, the couple married according to Muslim traditions, with the appropriate Quazi issuing a marriage certificate.

However, the additional chief standing counsel strongly contested this claim, arguing that the conversion certificate supposedly issued by Khanqahe Alia Arifia was fraudulent. The secretary and manager of Jamia Arifia in Kaushambi had confirmed they did not issue any such certificate on February 22.

In his assessment, Justice Srivastava noted, "After reviewing arguments from both parties and examining all records, it is evident that conversion based on forged documentation fails to satisfy essential requirements specified in the Uttar Pradesh Unlawful Conversion Act."

"Consequently, the marriage between the petitioners cannot be legally sustained, as Muslim law defines marriage as a contract between followers of the same faith. Since Petitioner No 2's (Chandrakanta) conversion is illegal, the couple cannot be recognized as legally married," the court determined.

Nevertheless, the court instructed both petitioners to register their marriage under the Special Marriage Act, which does not require religious conversion.

The court further ordered that Petitioner No 2 should remain in a women's protection home in Prayagraj until receiving certification under the Special Marriage Act, as she expressed unwillingness to live with her parents and consented to stay in the protection facility.

In Tuesday's order, the court also imposed an exemplary fine of Rs 25,000 on the petitioners' counsel, to be deposited with the Mediation and Conciliation Centre within 15 days.