The recent observation by the Allahabad High Court emphasizes that the law permits interfaith couples to pursue court marriage under the Special Marriage Act without requiring conversion. The court affirmed that interfaith couples have the right to marry under this act.

Justice Jyotsna Sharma's bench made this observation while granting protection to a live-in couple facing threats due to their relationship. Despite opposition from the state, which argued that the couple's agreement-based marriage was not legally valid, the court upheld the couple's right to protection.

The court dismissed this argument, clarifying that while a marriage solely based on agreement may be deemed invalid, couples have the option to marry under the Special Marriage Act without the need for conversion.

"In my opinion, marriage through agreement is definitely invalid in law. However, law does not prevent the parties from applying for court marriage under the Special Marriage Committee, without conversion," Justice Sharma explained.

The couple expressed their desire to marry under the Special Marriage Act without altering their religious beliefs and requested protection for their registration. They submitted an affidavit affirming their commitment to maintaining their respective faiths and emphasized their sincere intention to enter into a legal matrimonial relationship. The court acknowledged their maturity in making such decisions regarding their lives and recognized their legal right to marry without undergoing conversion.

The court granted protection to the couple and instructed them to proceed with registering their marriage under the Special Marriage Act. Additionally, the court requested documentary evidence to support their application, to be provided in a supplementary affidavit. The next hearing in this matter is scheduled for July 10th.