‘Conversion certificate unnecessary for inter-faith marriages under Special Marriage Act’

CHENNAI: The Madras High Court has made it clear that insisting on conversion certificates in marriages performed under the Special Marriage Act, 1954 is unnecessary.

Justice C Saravanan observed that marriage before the registrar of marriage under the Special Marriage Act, 1954, the question of insisting conversion certificate cannot be countenanced as the Parliament enacted Special Marriage Act, 1954, for regulating and registration of inter-faith of 2016 marriage.

The impugned order of the respondent, insisting on a conversion certificate in case of marriages performed under the Special Marriage Act, 1954 is unnecessary, read the judgment.

The marriages performed under the Special Marriage Act are secular marriages and are performed after due process and complying with the safeguards prescribed under the Act and the Rules, observed by the Justice.

The marriage is solemnized between persons belonging to different faiths by birth, there should be a proper conversion to the faith, duly certified by the persons qualified under the respective personal laws, the Justice observed. It is only thereafter, such marriage can be solemnized under the personal law and allowed to be registered under the Tamil Nadu Registration Rules, 2009, observed the justice. Those, who fail to produce such certificates of conversion, will have to opt for marriage by registration under the provisions of the Special Marriage Act, 1954, the Justice observed.

A petitioner Anandha Munirasan representing 'The Caste Denial Centre' moved the Madras High Court (MHC) seeking to quash the order issued by the inspector general of registration.

According to the petitioner, the impugned order mandated wherever there is an inter-faith marriage between two persons under the personal law belonging to different religions, the production of a certificate of conversion is a must before registering the marriage under the provisions of the Tamil Nadu Registration of Marriages Act, 2009.

The respondent has no powers to issue such directions contrary to the scheme of the State, that insistence on a conversation certificate for the purpose of registration of marriage is against the directions, contended the petitioner.

The respondents are unnecessarily creating a divide in the society based on caste, creed, and religion of the parties to the marriage and thereby further creating unnecessary problems in the registration of marriages solemnized under the respective personal law for the registration of marriage under the provisions of the Tamil Nadu Registration of Marriages Act, 2009, he added.

The government advocate K Tippu Sulthan appeared for the registration department, contending that marriage certificates issued for interfaith couples without appropriate conversion certificate has resulted in abuse by agents and is resulting in the forceful conversion of young persons and having drastic consequences on them and in society.

The impugned order has been issued by the respondent to ensure that there is no abuse in the registration of marriage under the Tamil Nadu Registration of Marriages Act, 2009, said the counsel.