MP High Court Issues Notice To Centre On Plea Challenging Special Marriage Act Provision
Jabalpur (Madhya Pradesh): The High Court principal seat has served notice on the Union Government on a petition seeking direction to quash the non-obstante clause provision of section 4 of the Special Marriage Act that allows inter-faith marriage. A division bench of Chief Justice AY Kogje and Justice Vivek Jain issued the notice to the Union Government during the hearing of the petition on…
The High Court in Jabalpur, Madhya Pradesh, has served notice on the Union Government in response to a petition challenging a provision of the Special Marriage Act. The petition, filed by Heeralal Rathore of Indore and Digvijay Singh, a social worker and Prant Dharam Prasar Pramukh of Vishwa Hindu Parishad, Jabalpur, seeks direction to quash the non-obstante clause in Section 4 of the Act.
This clause allows for inter-faith marriages without requiring either partner to convert to the other's religion. The petitioners' senior advocate, Ashok Lalwani, argued that the non-obstante clause is unconstitutional under Muslim Law, as it would invalidate a marriage between a Muslim man and a Hindu woman if the woman does not convert, thereby denying her inheritance rights.
The High Court principal seat issued the notice to the Union Government during the hearing of the petition on Tuesday.
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