Listening to a writ petition filed by Mohd. Bin Quasim alias Akbar, Justice Saurabh Srivastava of the Allahabad HC handed the order on Tuesday.
“After having heard the rival contentions raised by realized counsel for the events and examined the whole file, one factor is crystal clear – the conversion based mostly on the assertion recorded by petitioner no.2, which was decreased in writing, is a solid doc. That is obvious from the directions and can't decide any of the important elements talked about within the UP Illegal Conversion Act, whereby particular proceedings have already been outlined. As such, the wedding solemnised between the petitioners can also be not sustainable within the eyes of regulation, since below Muslim regulation, marriage is a contract between followers of the identical faith, i.e., Islam. As soon as the conversion of petitioner no.2 is held unlawful, the consequential impact robotically blows off. Therefore, as on right now, petitioners no.1 and a pair of can't be recognised as a married couple within the eyes of regulation,” the order mentioned.
The court docket famous, nonetheless, that each petitioners are entitled to carry out marriage below the Particular Marriage Act.
In keeping with the petitioner's counsel, Quasim belonged to the Muslim neighborhood whereas Jainab Parveen alias Chandrakanta transformed to Islam, with a certificates allegedly issued by Khanqahe Alia Arfia. He submitted that the wedding was solemnised on Could 26, 2025, as per rituals below Muslim regulation, and a certificates was issued by the involved Qazi.
The extra chief standing counsel, showing for the state respondents, argued the conversion certificates was solid and fictitious, because the secretary and supervisor of Jamia Arifia, Sarawan, Kaushambi, had particularly informed the police that the certificates dated February 22, 2025, was by no means issued by their establishment.
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