Delhi HC issues guidelines on religious conversion for marriage, says ‘person must know…’

The Delhi High Court has issued several guidelines for persons seeking religious conversion for the purpose of inter-religious marriage. Expressing concern over religious conversion, the High Court issued instructions saying that the person converting should be aware of the impact on divorce, inheritance and maintenance under the new religion.

The guidelines prescribe certain documents as proof of consent of a person seeking religious conversion. The court made it mandatory for the person concerned to submit an affidavit stating that he is aware of the implications of changing his faith in order to enter into the bonds of marriage.

“No convert can convert to another religion without knowledge, which will result in them no longer being able to practice their religion if the religion they are converting to does not allow it. This becomes even more important when their return to their religion may have legal, matrimonial, inheritance and custodial consequences. This court is concerned only with such situations. These situations can arise from conversion to any religion,” said Justice Swarn Kanta Sharma.

Notably, the High Court judgment came while refusing to quash an FIR registered against a man for the offense of rape and criminal intimidation on the grounds that he and the alleged victim were married to each other. In the case, the court outlined “a tale of love, lies, law and litigation” as it was revealed that the man and woman were already married to different partners before they married each other.

While that man, a Muslim, could marry a second time as per his personal law, he could not marry this woman, who was a Hindu, because her husband was alive and had not been divorced. The court said that it should not be expected that as a matter of right, marriage between the victim and the accused is sufficient ground to quash the FIR of every case registered under Section 376 (rape) of the IPC.

Delhi HC guidelines

1. According to the latest guidelines of the Delhi High Court, a person seeking religious conversion is now required to submit a certificate of conversion in his local language. This is to ensure that the person correctly understands what he or she is signing.
2. The High Court has made it mandatory to submit an affidavit which must be obtained by the concerned persons/authorities at the time of inter-religious marriage after conversion. Marriages performed under the Special Marriage Act 1954 are excluded from the above instructions.
3. Affidavit regarding age, marital history and marital status of both the parties and evidence thereof.
4. The court directed that an affidavit to the effect that the conversion is being done voluntarily should also be obtained after understanding the implications and consequences related to marital divorce, inheritance, custody and religious rights.
5. The guidelines also state that the pre-conditions will not apply to a person converting back to his or her original religion, as the person converting is already well-versed in his or her original religion.

(With inputs from PTI)