The Allahabad High Court has invalidated a marriage between a Muslim man and a Hindu woman after finding that the couple relied on a fake religious conversion certificate.
Though both are adults, the Court held that the certificate had no legal validity, and thus the marriage was void.
The couple, Mohammad bin Qasim alias Akbar (Muslim) and Parvin alias Chandra Kanta (Hindu), had purported to convert for the purpose of fulfilling the requirements of marriage, and subsequently wed.
When doubts arose about the authenticity of the conversion document, the Court found it fraudulent and accordingly cancelled the union.
Special Marriage Act Registration Permitted Without Conversion
Despite annulling the marriage, the Court directed that the couple may have their marriage registered under the Special Marriage Act without either party converting their religion.
This ensures social and legal recognition while preserving their religious identity.
Meanwhile, the woman has been ordered to stay in a women’s protection home in Prayagraj until the registration certificate is issued.
Because the woman refused to return to her family, the Court ordered that she remain in the protection home until formal documentation confirms registration.
The Court also issued stern warnings to lawyers filing petitions based on unverified conversion certificates.
In this case, it imposed a penalty of ₹25,000 and instructed that lawyers avoid submitting such petitions without verification in future.
The Court directed the couple to deposit the fee in the High Court Mediation Centre within 15 days; if they fail, the District Magistrate must recover the amount.
Legal and Social Implications
The order was passed by Justice Saurabh Srivastava, disposing of the petition filed by the couple and others.
Although the petitioners argued that the woman willingly converted to Islam on 22 February 2025, with a certificate issued by Khanqah Alia Arifia, the Court found the statement from the institution’s secretary that it never issued any such certificate.
Since the certificate proved fake, the Court ruled the marriage invalid under Muslim personal law, as Muslim law requires both parties in a Nikah contract to be Muslim.
However, the Constitution grants two adult persons the right to marry under the Special Marriage Act without changing religion.
Since the couple is legally competent, the Court allowed them to apply for registration in Prayagraj under the Special Marriage Act even though no registrar is currently available in their home district of Ghazipur.
The Court directed the Additional Chief Standing Counsel to inform the District Probation Officer within two hours of the order.
It also ordered the District Magistrate and Police Commissioner to ensure compliance. The Court scheduled a report on compliance by 16 October 2025.
Also Read: Allahabad High Court Quashes Criminal Proceedings For Breach Of Mandatory Legal Provisions
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