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…
Jabalpur's High Court has issued a notice to the Union Government over a petition challenging a provision in the Special Marriage Act's non-obstante clause. The petition, filed by Heeralal Rathore and Digvijay Singh, seeks a direction to quash the clause. The non-obstante clause, according to the petitioners' counsel Ashok Lalwani, permits interfaith marriages without requiring either partner to convert.
However, Lalwani argued that under Muslim Law, a Muslim man marrying a Hindu woman can only be valid if the woman converts, thus forfeiting her inheritance rights in the property. If the Hindu woman refuses to convert, the marriage is deemed invalid. The High Court's division bench, consisting of Chief Justice AY Kogje and Justice Vivek Jain, has served notice on the Union Government during the hearing of the petition.
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