If conversion is found illegal, couple cannot be recognised as married: Allahabad HC

The Allahabad High Court has held that if conversion is illegal, a marriage based on it will be automatically invalid and the man and woman cannot be recognised as a married couple in the eyes of law.

Justice Saurabh Srivastava passed this order on a writ filed by Mohammad Bin Qasim alias Akbar seeking direction to the respondents not to interfere in their peaceful marital life.

The court, however, said that both the petitioners are entitled to perform marriage under the Special Marriage Act.

The petitioner’s counsel submitted said that Qasim belonged to Muslim community while Jainab Parveen alias Chandrakanta was Hindu. On February 22, 2025, Chandrakanta accepted Islam and Khanqahe Alia Arifia issued a certificate for this.

On May 26, 2025, both the petitioners solemnised their marriage as per rituals under the Muslim law and a marriage certificate was issued by the Quazi concerned, the counsel submitted.

However, the additional chief standing counsel vehemently opposed this on the ground that the conversion certificate allegedly issued by Khanqahe Alia Arifia is a forged and fictitious document, since the secretary and manager of Jamia Arifia, Saiyed Sarawan, Kaushambi stated in a reply that the institution has not issued the certificate on February 22.

On this, the court observed, “After hearing rival contentions raised by the learned counsel for the parties and perusal of the entire records, one thing is clear, that conversion on a forged document cannot determine any of the essential ingredients as mentioned in the Uttar Pradesh Unlawful Conversion Act.”    “Such, marriage solemnised between the petitioners is also not sustainable in the eyes of law since as per the Muslim Law, marriage is a contract between the follower and believer of the same religion. Once, the conversion in respect of Petitioner No 2 (Chandrakanta) is illegal, both the petitioners cannot be recognised as a married couple in the eyes of law,” it said.

However, the court directed both the petitioners to register their marriage under the Special Marriage Act, which does not require any ritual of conversion.

The court also directed that till the receiving of the certificate issued under the Special Marriage Act, Petitioner No 2 will be kept in a women’s protection home in Prayagraj, as she is not willing to reside with her parents and has expressed her consent to stay in the protection home.

The court, in its order on Tuesday, imposed an exemplary cost of Rs 25,000 on the counsel for petitioners, which shall be deposited in the Mediation and Conciliation Centre within 15 days from the date of order.