I married under the Special Marriage Act in Faridabad but one of us later converted to another religion, is the marriage still valid?
SA Asked by Sanjay Mishra from India
Quick Answer
A marriage solemnised under the Special Marriage Act, 1954 is a civil marriage and its validity is not affected by the subsequent conversion of one of the spouses to another religion.
Detailed Legal Analysis
A marriage solemnised under the Special Marriage Act, 1954 is a civil marriage and its validity is not affected by the subsequent conversion of one of the spouses to another religion. In Faridabad, the marriage continues to be governed by the Special Marriage Act and the rights and obligations of the parties remain unaffected.
The Allahabad High Court has held that conversion does not automatically dissolve a marriage solemnised under the Special Marriage Act. Uttar Pradesh Rent Control Act 1972 does not override the provisions of the Special Marriage Act in this regard.
However, conversion may be a ground for divorce under Section 27 of the Act if the other spouse so desires. You can file for divorce on the ground that your spouse has converted to another religion and you do not consent to the conversion.
The court will consider the petition and pass appropriate orders. You should consult a lawyer to understand the implications of conversion on your matrimonial rights.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.