In a recent legal development, the Allahabad High Court has dismissed a petition filed by an interfaith couple seeking protection from harassment and interference in their marital life. The petition, filed under Article 226 of the Constitution, raised issues regarding the couple’s right to choose their partner regardless of religion.
The case was presided over by Justice Renu Agarwal The petitioners, represented by counsel Vijay Kumar Tiwari, urged the court to issue a writ of mandamus to prevent harassment and ensure the safety of their marital union.
The petitioners, a couple who had solemnized their marriage according to Arya Samaj rituals, alleged interference from respondent No. 4. Despite their application for registration of marriage, pending before the competent authority, they claimed no action had been taken to protect their rights.
During the hearing, the court considered arguments from both sides. The petitioners cited legal precedents emphasizing the right to marry a person of one’s choice, irrespective of religion or caste. In particular, they referenced judgments from the Supreme Court and High Courts, underscoring the importance of individual freedom in marital decisions.
However, the court also took into account the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, which mandates conversion for interfaith couples. The petitioners had not followed this requirement, raising doubts about the legality of their union under the current legal framework.
In her ruling, Justice Renu Agarwal, stated, “While applying the principles laid down in various pronouncements by the Apex Court, it gives guidelines to the fact that the couple must be of legal age to marry and qualified to enter into legal marriage, including being unmarried and they must be akin to a spouse for a significant period of time.”
The court ultimately dismissed the petition, noting that protection cannot be granted in contravention of the law.
Case Name: XXX Vs. STATE OF U.P Case
Case No.: WRIT – C No. – 1067 of 202
Bench: Justice Renu Agarwal
Order Dated: 05.03.2024
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