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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
GURPAL SINGH AHLUWALIA
Sarika Sen D/o Dadu Ram Sen – Appellant
Versus
State Of Madhya Pradesh, Home (Police) Department, Through Its Secretary, Vallabh Bhawan, Bhopal (Madhya Pradesh) – Respondent
| Table of Content |
|---|
| 1. petition filed under article 226 for specific reliefs. (Para 1) |
| 2. petitioners are in love and seek registration under special marriage act. (Para 2 , 6) |
| 3. opposition based on theft and social boycott claims. (Para 3 , 14) |
| 4. court considers the validity of the inter-religion marriage. (Para 4 , 5 , 12) |
| 5. legal distinction between valid, irregular, and void marriages. (Para 9 , 10 , 13) |
| 6. court dismisses the petition. (Para 16 , 17) |
ORDER :
This petition under Article 226 of Constitution of India has been filed seeking following relief(s):-
ii. Issue a writ in the nature of mandamus directing the Respondent authority to provide the follow-up guard to the petitioners for appearing before the Marriage Registration Officer i.e. Addition Collector Anuppur in SPECIAL MARRIAGE ACT Case fixed on 25.04.2024.
iii. Issue a writ in the nature of mandamus directing the Respondent authority to not registered any case against the petitioner No.2 in respect of kidnapping of petitioner No.1 or other related offences in
Marriage between a Muslim man and a Hindu woman is considered irregular under personal law, impacting its validity under the Special Marriage Act.
A marriage between individuals of different religions is void if it is not registered under the Special Marriage Act after proper solemnization.
Marriage between parties of different religions is null and void if not registered under the Special Marriage Act, regardless of the customs followed during the ceremony.
Marriage – Marriage under Hindu Law with Hindu customs and rites and ceremonies is not permissible between a Christian and a Hindu – A person of Hindu faith, who wishes to marry a non-Hindu, such mar....
A valid divorce must be obtained before entering into a new marriage; otherwise, the subsequent marriage is not recognized legally.
Marriage with party below marriageable age voidable not void; Article 21 protection for life/liberty of majors paramount over validity disputes, mandating state safeguards against family harassment.
Restitution of conjugal rights – Where marriage itself is not proved, decree for restitution of conjugal rights cannot be sustained.
The court emphasized the State's role in ensuring protection for individuals wishing to marry across religious lines, despite the marriage being irregular under Mahomedan Law.
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