Conversion to Hindu Through Affidavit; High Court View on IS AFFIDAVIT ENOUGH FOR CONVERSION TO HINDUISM.
A Muslim girl has converted to Hinduism and has filed a plea for protection of life and liberty. She got married to a Hindu boy. The girl had told the court that she has converted to Hindu religion by executing an affidavit and got married to Hindu boy and filed petition on the same day fearing the harassment by her parents.
Also Read- Explain objections in interfaith marriage case, High Court asks Gujarat
The Punjab and Haryana High Court held that perusal of Hindu Marriage Act 1995 shows that for a valid Hindu Marriage to take place, the parties should be Hindus. “Thus the question arises , whether execution of an affidavit is sufficient to convert to Hindu religion?” the court asked.
Section 05(ii) of the Hindu Marriage Act mandates that both parties at the time of marriage must be capable of providing consent to the union. Absence of such consent will not make this marriage voidable, if all other conditions are fulfilled and the marriage is solemnised properly. The Indian constitution earmarks freedom of religion as one of our fundamental rights. One can change their religion legally by making a notarized affidavit, placing a newspaper advertisement and notifying the change in the national Gazette. If a Hindu wishes to marry a person who is not a Hindu, under what law can they do so? If the couple wishes to have a religious marriage governed by Hindu law, then the non-Hindu partner must convert to Hinduism. The Muslim girl has converted into Hindu. Henceforth, the couple are liable to get protection.
Also Read- Nobody can interfere in peaceful life of two adults: Allahabad HC
The Muslim girl converted herself to a Hindu religion and got married to a Hindu boy. She appealed for protection of life and liberty fearing her family. The court came up with a question that whether the affidavit enough for conversion of Hinduism.
For case specific advice on protection matters of Punjab and Haryana High Court Chandigarh, please connect with expert criminal lawyers in Panchkula Mohali Kharar Zirakpur Derabassi.
More on 99888-17966.