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Allahabad High Court Invalidates Marriage Based on Alleged Forged Conversion, Directs Use of Special Marriage Act

The court directed civil registration under the Special Marriage Act with interim shelter for the woman.

Overview

  • Justice Saurabh Srivastava ruled on September 24 that a marriage following an unlawful conversion cannot be recognised in law.
  • The case involved Mohammad Bin Qasim and Jainab Parveen alias Chandrakanta, whose claimed conversion certificate was denied by Jamia Arifia as forged.
  • The court held that under Muslim personal law a valid marriage requires both parties to share the same faith, which fails if the conversion is illegal.
  • Both petitioners were told they may marry under the Special Marriage Act, which does not require religious conversion for legal validity.
  • The woman will stay at a women's protection home in Prayagraj until registration, and the court imposed Rs 25,000 in exemplary costs on the petitioners' counsel to be deposited within 15 days.