Conversion For Marriage- "Can't Exercise Judicial Power Just Because No Law In Place, But Can Examine Validity Of Law If Enacted": Calcutta High Court
4 years ago

Conversion For Marriage- "Can't Exercise Judicial Power Just Because No Law In Place, But Can Examine Validity Of Law If Enacted": Calcutta High Court

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Hearing a plea asserting that certain religious denominations are effectuating conversion under the guise of the institution of marriage, the Calcutta High Court last week held that in such matters, the policy-making instrument would not be the judiciary. The Bench of Chief Justice Thottathil B. Radhakrishnan and Justice Arijit Banerjee further observed, "The pith and substance of all the issues relating to conversion of marriage and acceptability of marriage in terms of personal laws or municipal laws are matters on which the policy-making instrument would not be the judiciary." The Uttar Pradesh Government, in November 2020, came up with the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance 2020. In related news, in a protection plea filed by an interfaith couple, the Punjab and Haryana High Court recently observed that the marriage between a Muslim woman and a Hindu man won't be valid as the bride didn't convert to Hindu religion before the solemnization of marriage in accordance with Hindu rites and ceremonies.

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