Disconcerting that one party should change faith just for sake of matrimony and nothing more

Pooja Vs State Of UP and 3 Ors

Allahabad HC

08/10/2020

HABEAS CORPUS WRIT PETITION No. - 446 of 2020

About/from the judgment:

"Marriage is one thing and religion quite another."

 

It is disconcerting that one party should change his / her faith to the other's just for the sake of matrimony and nothing more, the Allahabad High Court observed while allowing a habeas corpus petition last month.

 

The Court observed that if two persons professing different religion wish to marry, they can do so under Special Marriage Act, which 'is one of the earliest endeavours towards a uniform Civil Code'.

 

In this case, the girl had changed his religion before marriage and a habeas corpus petition was filed alleging that she was illegally detained.

 

"Though, under the Constitution, a citizen has the right to profess practise or propagate the religion of his / her choice but it is disconcerting that in matrimonial matters one party should change his / her faith to the other's just for the sake of matrimony and nothing more. Marriage is one thing and religion quite anther. If two citizens of India professing different religions wish to marry, it is open to them to do so under the Special Marriage Act, 1954, which is one of the earliest endeavours towards a uniform Civil Code. This Court does not wish to say anything more.", the court observed.

 

The court interacted with the girl who stated that she wanted to stay with her husband. "She is free to stay with whomsoever she wants and go wherever she likes. Since she has indicated her desire to go along with her husband, she is free to do so", the judge said while taking note of the fact that the girl is a major.

 

Recently, the High Court had dismissed a writ petition seeking police protection filed by a married couple, on the ground that conversion just for the purpose of marriage is unacceptable.

Read the Judgment

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