P&H HC | Muslim woman and Hindu man marries as per Hindu rites; HC holds the marriage is invalid

Punjab and Haryana High Court: Arun Kumar Tyagi, J., addressed the instant petition, whereby an inter-caste couple had approached the Court for seeking protection of their life and liberty.

In the present case, petitioner 1, an 18 years old Muslim woman, performed marriage with petitioner 2, 25 years old Hindu man in accordance with Hindu rites and ceremonies. The grievance of the petitioners was that the marriage being against the wishes of respondent 4, the petitioners were apprehending threat to their life and liberty.

The Bench opined that since the marriage was solemnized between inter-caste couple as per Hindu rites, it was prima facie invalid since it had been admitted that petitioner 1 did not convert to Hindu religion before solemnization of marriage in accordance with Hindu rites and ceremonies. However, relying on the verdict of the Supreme Court in the case of Nandakumar v. State of Kerala, (2018) 16 SCC 602, the Bench said the petitioner 1 being major, was entitled to live with a person and at a place of her choice. Hence, both the petitioners were held to be entitled to live in live-in-relationship in the nature of marriage and also to protection of their life and liberty.

In the light of above, the petition was disposed of with the directions to the Superintendent of Police to look into the grievances of the petitioners as set out in the petition and take appropriate action for protection of their life and liberty.[Nasima v. State of Haryana, 2021 SCC OnLine P&H 613, decided on 03-03-2021]


Kamini Sharma, Editorial Assistant has reported this brief.


Appearance before the Court by:

For the Petitioners: Adv. Balraj Singh Dhull,

For the Respondents: Addl. A.G. Ranvir Singh Arya

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