The Allahabad High Court has ruled that if a religious conversion is found to be illegal, any marriage solemnised on the basis of such conversion will be invalid in the eyes of law. The court emphasised that marriage under personal law requires both parties to belong to the same religion, and where conversion itself is forged or unlawful, such a union cannot stand.
Justice Saurabh Srivastava delivered the order while hearing a writ petition filed by Mohammad Bin Qasim alias Akbar and Jainab Parveen alias Chandrakanta. The couple had sought protection of their marital life.
The petitioner’s counsel argued that Qasim, a Muslim, had married Chandrakanta, a Hindu woman who had converted to Islam on February 22, 2025, through a certificate issued by Khanqahe Alia Arifia. They were married as per Muslim rituals on May 26, 2025, and a certificate was issued by a Quazi.
However, the Additional Chief Standing Counsel opposed the claim, contending that the conversion certificate was forged. Authorities from Jamia Arifia, Saiyed Sarawan, Kaushambi, denied issuing such a document on February 22, 2025.
The bench observed:
“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 Muslim Law, marriage is a contract between followers of the same religion.”
It further held that once the conversion of Petitioner No. 2 (Chandrakanta) was deemed illegal, the couple could not be recognised as legally married.
Despite invalidating the marriage, the court clarified that both individuals are entitled to solemnise their marriage under the Special Marriage Act, which does not mandate conversion. It directed that until the marriage is registered under the Act, Chandrakanta would be housed in a women’s protection home in Prayagraj, as she expressed unwillingness to live with her parents.
In addition, the court imposed an exemplary cost of ₹25,000 on the counsel for the petitioners, directing the amount to be deposited in the Mediation and Conciliation Centre within 15 days.
