Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
The Delhi High Court on Friday held that a person converting his/ her religion for the purpose of entering into marriage with a person from a different faith must declare on affidavit that he/ she is aware of the consequences and implications of the new religion with respect to divorce, custody, succession and religious rights.
The Court, therefore, issued detailed guidelines to be followed by authorities for interfaith marriages after conversion and for recording of the statement of sexual assault victims under Section 164 of the Criminal Procedure Code (CrPC)
In its judgement, the Court said that a certificate must be appended to the conversion certificate stating that the convert has been explained the tenets, rituals, and expectations inherent in religious conversion as well as implications and consequences related to marital divorce, succession, custody and religious rights.
The Court ordered that the certificate of conversion and marriage should also be in additional vernacular language understood by the prospective convert to prove the fact that he or she has understood the same.
“The same be in Hindi also where the language spoken and understood by the prospective convert is Hindi, in addition to any other language preferred to be used by such authority. Where the language spoken and understood by the prospective convert is other than Hindi, the said language can be used,” the Court said.
If further said that an affidavit regarding age, marital history and marital status and evidence of the same shall also be furnished and the affidavit shall also say that the conversion is being undergone “voluntarily after understanding the implications and consequences related to marital divorce, succession, custody and religious rights, etc”.
Justice Swarana Kanta Sharma clarified that these directions will not apply to a person converting back to his/her original religion since the convert is already well-versed with his/her original religion.
The Court further said that these guidelines will not apply to marriages performed under the Special Marriage Act, 1954.
“These guidelines are for ensuring well-informed decision on the part of the naive, uneducated, susceptible, adolescent couples who may enter into such unions after conversions, without fully comprehending the profound implications of such a conversion, impact of which extends far beyond the immediate union, encompassing a myriad of consequences on their personal laws and various facets of life,” the Court said.
Case Title: Maksood Ahmad v State of NCT of Delhi & Anr (2024 Del HC)
