No way state can prohibit inter-faith marriages, says Delhi HC

The Delhi High Court on Wednesday observed that there is no way that the state can prohibit an interfaith couple to marry while dealing with a plea of two inter-faith foreign nationals seeking registration of their marriage under Indian law.

Justice Yashwant Varma was hearing the plea moved by the couple seeking to solemnise and register their marriage under the Special Marriage Act, 1954 as they want to retain their faith.

The woman is a Canadian citizen and Hindu by religion while the man is an American citizen and Christian.

As advocate Rishabh Kapur, representing the couple, submitted that only under the Special Marriage Act that a foreign inter-faith couple can seek solemnisation and registration of their marriage to retain their faith, expressing his apprehension that other domestic laws prohibit their marriage, Justice Varma orally remarked: “There is no way that the State can prohibit an interfaith couple to marry.”

Further directing the responses of the parties, including the state in the matter, the court posted the further hearing for December 15.

20221102-204602

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