Marriage and the law (Inter-faith): India

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Marriage with Muslim: India

‘Bride must convert to marry Muslim’

Failure To Do So Will Void Marriage: HC

R N Pandey | TNN

From the archives of The Times of India 2007, 2009

Allahabad: In a judgment with far-reaching implications, the Allahabad high court has ruled that a non-Muslim bride must convert to Islam to marry a Muslim. Failing that, the matrimony with a Muslim man would be void as it would contradict Islamic dicta and tenets of the Quran, the court said.

The ruling on Monday by a division bench comprising Justices Vinod Prasad and Rajesh Chandra, came on a writ petition filed by Dilbar Habib Siddiqui. The petitioner had sought quashing of an FIR registered against him on March 17 under sections 323, 366 and 363 of IPC with Naini PS, Allahabad and prayed the court not interfere in his peaceful matrimonial life with Khushboo Jaiswal. The judges directed a speedy probe into the marriage of Siddiqui and ordered the cops to separate Khushboo Jaiswal, who was lodged in Nari Niketan, and hand her over to her parents.

The primary question for adjudication was on whether the FIR could be quashed or not. A perusal of the contents of the FIR indicated that Khushboo Jaiswal was alleged to have been abducted by the petitioner three months prior to its lodging. However, the petitioner had succeeded in preventing the FIR from being registered. The FIR was filed by the girl’s mother, Sunita Jaiswal, who alleged that the petitioner had abducted her daughter.

She contended that Khushboo never converted to Islam and there was also no documentary evidence to suggest so. ‘‘In our above conclusion we are fortified by the fact that in the affidavit filed by Khusboo herself subsequent to her alleged contract marriage, she has described herself as Khushboo and not by any Islamic name. As Khushboo, she could not have contracted marriage according to Muslim customs. In those documents she has addressed herself as Khushboo Jaiswal,’’ the verdict said.

‘‘Thus, what is conspicuously clear is that Khushboo Jaiswal never converted and embraced Islam and therefore her marital tie with the petitioner Dilbar Habib Siddiqui is a void marriage since the same is contrary to Islamic dicta and tenets of Holy Quran,’’ the court ruled.