"Legal Framework Governing Inter-Religion Marriages Complex": MP High Court Quashes Cheating FIR Against Interfaith Couple Over Forged Certificate

The Madhya Pradesh High Court, Indore Bench recently reiterated the difficulties faced by interfaith couples in India and the societal challenges faced by them to get their marriage solemnised.The bench comprising Justice Vivek Rusia observed that legal framework governing inter-religion marriage is complex and requires the couples to navigate several legal hurdles-One of the main challenges that inter-religion couples face is the opposition from their families and communities like respondent No. 2 being the father of applicant No.2 is not accepting the marriage of applicants. This opposition often leads to harassment, threats, and violence against the couple. In such cases, the police and the judiciary play a crucial role in ensuring the safety and protection of the couple. The Supreme Court of India has also ruled that adults have the right to choose their life partners, irrespective of their religion or caste.In conclusion, inter-religion marriage in India is legally permissible, but it is not without its challenges. The legal framework governing inter-religion marriage is complex and requires the couples to navigate several legal hurdles. Moreover, the societal opposition to interreligion marriage often makes it difficult for couples to exercise their legal rights.Facts of the case were that the Applicants were a Christian Man and a Hindu Woman who got married to each other at a Temple. Thereafter, the Temple issued a marriage certificate in favour of the couple. Aggrieved with the marriage, the father of the Applicant/Wife lodged a FIR against the Manager of the Temple, alleging that he conducted a forged marriage of his daughter and issued a certificate for the same. While the FIR was registered against the Manager of the Temple, the Police later arraigned the Applicants as accused in the charge-sheet. Thus, the Applicants moved the Court praying that the proceedings against them vis-à-vis the impugned FIR be quashed.The Applicants argued that they were happily married to each and that they also conceived a child out of their wedlock. It was submitted that no case against them for the offence under Section 420 IPC was made out. It was further averred that they were being harassed to face the trial at the behest of the father of the Applicant/Wife who disapproved of their marriage. Thus, it was prayed that the FIR and subsequent proceedings against the Applicant be dropped.Examining the submissions of parties and documents on record, the Court found merit in the arguments put forth by the Applicants. The Court acknowledged the legal barriers faced by interfaith couples to get married. It further noted that so far as the case of the Applicants isconcerned, no offence under Section 420 IPC is made out against either of them- Respondent No.2 has lodged an FIR against Ramesh Maharaj that he illegally performed the marriage of the applicants and issued a certificate and committed cheating. In the FIR itself, it is mentioned that the daughter of the complainant i.e. applicant No.2 eloped with applicant No.1 and on 03.05.2019 they performed th marriage in Neelkantheshwar Mandir. Before performing the marriage in the Neelkantheshwar Temple they have already performed the marriage and got notarized with the notary, as held above this is not an offence. Hence the elements of cheating against the applicants are missing in this case. The applicants are fulfilling all these conditions, they may apply for registration of marriage but no case for punishing them under Section 420 of IPC is made out as held by Apex Court in the case of Archana Rana v/s State of Uttar Pradesh and another reported in (2021) 3 SCC 751With the aforesaid observations, the application was allowed and the charges against the Applicants were quashed. Cause Title: Vipash & Anr. v. State of M.P. & Anr.Case Citation: 2023 LiveLaw (MP) 52Click Here To Read/Download Order

"Legal Framework Governing Inter-Religion Marriages Complex": MP High Court Quashes Cheating FIR Against Interfaith Couple Over Forged Certificate

Zeeshan Thomas

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