“Under Muslim Law, marriage is valid only between followers of Islam,” observed the Allahabad High Court while declaring the marriage of a couple void on account of a fabricated conversion certificate. The Court also imposed a penalty of Rs.25,000 on the counsel representing the petitioners for placing unauthenticated documents before the Bench.
The matter concerned Mohammad Bin Qasim @ Akbar and Zainab Parveen @ Chandrakanta, who had approached the Court seeking protection from interference in their marital life. The petitioners claimed that the woman had voluntarily embraced Islam in February and produced a certificate purportedly issued by Khanqah Alia Arifia. Relying on this document, their Nikah was solemnised in May.
However, during the hearing, the State counsel informed the Court that the certificate was forged. Syed Sarwan Kaushambi, Secretary of Jamia Arafa, clarified that no such document had been issued by the institution. Taking note of this, Justice Saurabh Srivastava held that since the alleged conversion was unsupported by valid proof, the marriage could not be recognised under Muslim law.
The Court directed that the woman be kept in a protection home until further orders and cautioned the counsel against filing unverifiable documents in the future. The penalty of Rs.25,000 is to be deposited within 15 days, failing which recovery proceedings will be initiated by the District Magistrate.
At the same time, the Court emphasised that the Constitution accords adults the liberty to marry by choice. It held that the couple may solemnise and register their marriage under the Special Marriage Act, 1954 without undergoing any change of religion. As no Registrar under the Act is currently posted in Ghazipur, the parties have been asked to complete the process in Prayagraj.
Further, the Additional Chief Standing Counsel was directed to ensure immediate intimation to the District Probation Officer. The Registrar of Compliance has also been tasked with providing necessary security to the petitioner, arranging accommodation for the woman in the protection home, and filing a compliance report before the District Magistrate, District Probation Officer, and the Police Commissioner, Prayagraj, by 16 October.
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