The Madhya Pradesh High Court, in a decision on Friday, has put a temporary hold on a previous order that required the recording of a statement from Ankita Rathore before the Registrar of Marriage in an interfaith marriage case.
The stay was issued by a division bench consisting of Chief Justice S K Kait and Justice Vivek Jain, who are overseeing an appeal by Heeralal Rathore, Ankita’s father. The appeal challenges an October 22 order by a single judge of the high court that scheduled the recording of Ankita’s statement for a marriage under the Special Marriage Act, 1954.
Ankita Rathore, a Hindu woman, intended to marry Hasnain Ansari, a Muslim man, a union that faced significant opposition from various quarters, including Ankita’s own family. The couple had previously sought judicial protection citing threats due to their interfaith relationship, which led to the initial court order for Ankita’s protection and the subsequent arrangement for marriage registration.
Ashok Lalwani, the lawyer representing Heeralal Rathore, argued that the Registrar of Marriage is not the competent authority to decide on the legality of a marriage between a Hindu and a Muslim under the Special Marriage Act. He cited a prior ruling by another judge of the high court which stated that according to Mahomedan law, a marriage between a Muslim man and a Hindu woman is not considered valid; such a union is deemed ‘irregular’ or ‘fasid’.
The previous directive by the single judge had also included protective custody measures for Ankita, mandating police protection and temporary residence in a woman’s institution until her scheduled marriage registration.
