MP HC stays recording of woman's statement before registrar in interfaith marriage

Jabalpur, Nov 8 (PTI) The Madhya Pradesh High Court here on Friday stayed a single judge's order regarding the recording of the statement of a woman before the Registrar of Marriage for an interfaith marriage.
A division bench of Chief Justice S K Kait and Justice Vivek Jain stayed the order in an interim or temporary direction while hearing an appeal filed by Heeralal Rathore, the woman's father.
Rathore has challenged the single judge's order of October 22 related to the recording of his daughter Ankita Rathore's statement before the Registrar of Marriage, his lawyer Ashok Lalwani told PTI.
He contended that a Registrar of Marriage cannot take a decision regarding a marriage between a Hindu woman and a Muslim man as it is contrary to the provisions of the Special Marriage Act, the lawyer said.
The single judge of the high court did not afford an opportunity to the appellant to reply to the petition filed by Ankita Rathore and her Hasnain Ansari seeking protection, he said.
The two had sought protection, claiming there was opposition to their interfaith relationship from some quarters.
Heeralal Rathore's counsel submitted to the court that in a similar case, another judge of the high court had held in May this year that "as per Mahomedan law, the marriage of a Muslim boy with a girl who is an idolatress or 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 lawyer quoted the order as saying.

On October 22, the single judge of the HC directed the Superintendent of Police, Jabalpur to give police protection to Ankita Rathore and place her at a woman's institution till November 11. On the next day, she shall be taken to the Registrar of Marriage where her statement will be recorded for a marriage under the Special Marriage Act, 1954, the judge had directed.

(This story has not been edited by THE WEEK and is auto-generated from PTI)