The Allahabad High Court observed while allowing a habeas corpus petition last month. “It is disconcerting that one party should change his / her faith to the other’s just for the sake of matrimony and nothing more”.
“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 code.” Justice JJ Munir observed.
The Habeas Corpus petition was filed alleging that girl was illegally detained in this case where the girl had changed the religion before marriage .
The court observed that “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 just for the sake of matrimony and nothing more. Marriage is one thing and religion quite another. 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.”
While taking note of the fact that girl is a minor, the court interacted with the girl who stated that she want 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“, Court stated.
Recently, The police protection filed by the married couple on the ground of the conversion just for the purpose of marriage is unacceptable, The High Court dismissed such writ petition.