If conversion illegal, marriage invalid, rules Allahabad HC

The Allahabad High Court has held that if a religious conversion is found to be illegal, a marriage based on it becomes automatically invalid.

Hearing a writ petition filed by Mohd. Bin Quasim alias Akbar, Justice Saurabh Srivastava of the Allahabad HC passed the order on Tuesday.

"After having heard the rival contentions raised by learned counsel for the parties and examined the entire record, one thing is crystal clear - the conversion based on the statement recorded by petitioner no.2, which was reduced in writing, is a forged document. This is apparent from the instructions and cannot determine any of the essential ingredients mentioned in the UP Unlawful Conversion Act, wherein specific proceedings have already been defined. As such, the marriage solemnised between the petitioners is also not sustainable in the eyes of law, since under Muslim law, marriage is a contract between followers of the same religion, i.e., Islam. Once the conversion of petitioner no.2 is held illegal, the consequential effect automatically blows off. Hence, as on today, petitioners no.1 and 2 cannot be recognised as a married couple in the eyes of law," the order said.

The court noted, however, that both petitioners are entitled to perform marriage under the Special Marriage Act.

According to the petitioner's counsel, Quasim belonged to the Muslim community while Jainab Parveen alias Chandrakanta converted to Islam, with a certificate allegedly issued by Khanqahe Alia Arfia. He submitted that the marriage was solemnised on May 26, 2025, as per rituals under Muslim law, and a certificate was issued by the concerned Qazi.

The additional chief standing counsel, appearing for the state respondents, argued the conversion certificate was forged and fictitious, as the secretary and manager of Jamia Arifia, Sarawan, Kaushambi, had specifically told the police that the certificate dated February 22, 2025, was never issued by their institution.