Allahabad HC Says If Conversion Is Found Illegal, Couple Cannot Be Recognised As Married

The Allahabad High Court on Wednesday said that if conversion is deemed illegal, then a marriage based on that will automatically be invalid. Mohammad Bin Qasim alias Akbar had sought the court’s direction to the respondents to not interfere in their peaceful marital life.

Justice Saurabh Srivastava passed this order while also stating that both the petitioners are entitled to perform marriage under the Special Marriage Act. 

The petitioner's counsel submitted 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.

The additional chief standing counsel, however, argued that the conversion certificate issued by Arifia was forged. The secretary and manager of Jamia Arifia, Saiyed Sarawan, Kaushambi stated in a reply that the institution had 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 added. 

The court also stated that till they receive a certificate under the Special Marriage Act, the woman will be kept in a 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.

With PTI inputs