allahabad high court news: allahabad high court ne avaidh dharm parivartan par diya bada faisla: allahabad high court gave a big decision on illegal conversion
- Allahabad High Court gave a big decision on illegal conversion law
- Court asks Center to consider SC’s direction on Common Civil Code
- Court said that the approval of the district authority to change religion is not binding, it is directive
- Court said that couples of opposite religions do not need to take permission of anyone
The Allahabad High Court has directed the Central Government to consider the Supreme Court’s direction to implement Uniform Civil Code. The court said that the Illegal Conversion Act-2021 does not bar a couple professing an opposite religion from getting married. The registrar does not have the right to stop the registration of marriage on the ground of not taking permission for conversion from the district authority. The court said that the approval of the district authority to change religion is not binding, but directive.
Court gives big relief to adult couples of different religions
The court has not empowered the government or any person to interfere in the married life, liberty and privacy of adult couples of opposite religions. The court has directed the police to provide security and protection as per the need to the married adult couple of opposite religions. Along with this, the marriage registration officer has been directed to register immediately without waiting for the approval of the district authority. This order was given by Justice Sunit Kumar while accepting the petition of 17 couples, including Myra alias Vaishnavi Vilas Shirshikar, Zeenat Aman alias Neha Soti, who were engaged in inter-religious marriage.
The court said, if someone has cheated or misled then…
The court said that if anyone has cheated or misled, the parties have the right to take civil and criminal proceedings. The court has ordered the state government to issue a circular to comply with the order. The court has also directed the Registrar General to send a copy of the order to the Law Ministry of the Central Government and the Chief Secretary of the State for compliance. Considering all legal issues, the court said that the society is going through a phase of social and economic changes. Strict legal interpretation would nullify the spirit of the Constitution. Right to life and right to privacy are guaranteed under Article 21. Citizens have the right to protect their privacy and that of their families.
Couples of other religions do not need anyone’s permission for marriage
Couples of opposite religions do not need permission from family, society, government or anyone else to get married. If two adult couples agree to the marriage, then such marriage shall be valid. The authorities cannot refuse to register a marriage. Can not force government permission before conversion. The court said that every person has the right to choose his life partner. It is not a matter of beliefs or belief. The court said that the constitution is a living thing. With the change in the society, changes can also be made in the constitution. Constitution is not a stone which cannot be changed. Constitution is philosophy, not grammar. Over 100 changes have been made in the last 70 years. Article 21 of the Constitution gives the right to all citizens to choose the life partner of their choice.
these are the cases
Case 1 : Vaishnavi is Hindu. She converted to Islam and married a Muslim in Maharashtra and applied for registration in Bijnor. Zeenat Aman is a Muslim. She adopted Hinduism and married Hindu in Arya Samaj Mandir Bijnor. The registration was denied for not taking the permission of the District Magistrate.
Case-2 : Manal Khan Muslim converted to religion and married Hindu in Arya Samaj Mandir Kanpur. Shama Parveen Muslim changed religion and married Hindu. Applied for registration in Ghazipur.
Case-3 : Gulafsa converted to Muslim religion and married Hindu in Radhakrishna temple Amroha. Registered application. Ekta Madhvani converted to Hinduism and married a Muslim. Mamta Maurya converted to Hinduism and married a Muslim in Bareilly.
Case-4 : Fiza converted to Muslim religion and married a Hindu in Shiv Mandir, Badaun. Salma Kaur converted to Muslim religion and a 34-year-old girl married a 25-year-old Hindu boy at Arya Samaj Mandir, Saharanpur.
These matters were also placed before the High Court.
Similarly, Snehlata (42) converted to Hinduism and married a 40-year-old Muslim in Surat. Naseema converted to Muslim religion and married Hindu in Shiva temple Prayagraj. Renu converted to Hinduism and married a Muslim. Salma divorced her husband and married Hindu widower in Arya Samaj Mandir Muzaffarnagar. Pratibha converted to Hinduism and married a Muslim in Shahjahanpur. Nisha converted to Hinduism and married a Muslim in Moradabad. Shiba Bano converted to Muslim religion and married Hindu at Shiv Mandir Jahanpur Vilar Mau. Similarly Baby converted to Hinduism and married a Muslim boy. All these 17 petitioners had challenged the stay or denial of marriage registration in the High Court.
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