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HomeNewsLove jihad wedlock under Special Marriage Act invalid due to Muslim personal...

Love jihad wedlock under Special Marriage Act invalid due to Muslim personal law: MP HC

Love jihad is invalid as Section 4 of the Special Marriage Act says if the couple is not in a prohibited relationship, marriage is valid, but Muslim Personal Law prohibits it

The Madhya Pradesh High Court has issued a ruling stating that a marriage between a Muslim man and a Hindu woman, which is increasingly been seen in Hindu society with suspicion of Islamic entrapment, is invalid under Muslim personal law. Additionally, the court rejected a plea for police protection to register the said inter-faith marriage, obviously without calling it love jihad, under the Special Marriage Act of 1954.

Justice Gurpal Singh Ahluwalia explained that even if the couple were to marry under the Special Marriage Act, their union would still be regarded as an “irregular” marriage under Muslim law. “As per Mahomedan law, the marriage of a Muslim boy with a girl who is an idolatress or a fire-worshipper is not a valid marriage. Even if the marriage is registered under the Special Marriage Act, the marriage would no longer be a valid marriage, and it would be an irregular (fasid) marriage,” the high court said in its order on 27 May.

The court gave its ruling after hearings in response to a plea filed by the Muslim man and Hindu woman in the case. The woman’s family had opposed the inter-faith relationship, expressing concerns about potential societal repercussions if the marriage were to proceed.

The family alleged that the woman had taken jewellery from their home before leaving to marry her Muslim partner, quite a common occurrence in love jihad.

The couple’s legal representative stated that they wished to marry under the Special Marriage Act, with the woman refusing to convert to another religion for the marriage, while the man did not wish to change his religion. The advocate argued that an inter-religious marriage would be considered valid under the Special Marriage Act and would supersede Muslim personal law.

The high court observed, however, “Marriage under the Special Marriage Act would not legalise marriage, which otherwise is prohibited under personal law. Section 4 of the Special Marriage Act provides that if the parties are not within a prohibited relationship, then only marriage can be performed.”

One factor different from a case of love jihad here was that the woman was not forced to embrace Islam. But then, the court dismissed the couple’s plea, as they were not willing to change their respective religions or engage in a live-in relationship.

“It is not the case of petitioners that in case if marriage is not performed, they are still interested to live (sic) in a live-in relationship. It is also not the case of petitioners that petitioner No.1 (Hindu woman) would accept the Muslim religion. Under these circumstances, this court is of (the) considered opinion that no case is made out of warranting interference,” the court ruled.

10 celebrity couples where the husband is Muslim and the wife is/was Hindu: Not love jihad? Invalid marriages?

Here are ten celebrity couples where the husband is Muslim and the wife is Hindu:

  1. Shah Rukh Khan and Gauri Khan: Shah Rukh Khan, a prominent Bollywood actor, is Muslim, while his wife, Gauri Khan, is Hindu.
  2. Saif Ali Khan and Kareena Kapoor: Saif Ali Khan, a famous Bollywood actor and the Nawab of Pataudi, is Muslim, and his wife, Kareena Kapoor, a renowned actress, is Hindu.
  3. Irrfan Khan and Sutapa Sikdar: The late actor Irrfan Khan was Muslim, and his wife, Sutapa Sikdar, is Hindu.
  4. Aamir Khan and Kiran Rao: Aamir Khan, a well-known Bollywood actor and filmmaker, is Muslim, and his ex-wife, Kiran Rao, is Hindu.
  5. Arbaaz Khan and Malaika Arora: Arbaaz Khan, an actor, director, and producer, is Muslim, and his ex-wife, Malaika Arora, is Hindu.
  6. Zayed Khan and Malaika Parekh: Zayed Khan, an actor, is Muslim, and his wife, Malaika Parekh, is Hindu.
  7. Soha Ali Khan and Kunal Khemu: Soha Ali Khan, an actress and member of the Pataudi family, is Muslim, and her husband, Kunal Khemu, is Hindu.
  8. Farhan Azmi and Ayesha Takia: Farhan Azmi, a restaurateur and politician, is Muslim, and his wife, Ayesha Takia, is a former Bollywood actress and Hindu.
  9. Imran Khan and Avantika Malik: Imran Khan, an actor, is Muslim, and his wife, Avantika Malik, is Hindu.
  10. Sunil Dutt and Nargis Dutt: Nargis Dutt, a legendary actress of Bollywood, was Muslim, and her husband, Sunil Dutt, was Hindu.

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