MP High Court Issues Notice To Centre On Plea Challenging Special Marriage Act Provision
The Madhya Pradesh High Court has issued notice to the Union government on a petition challenging wording in Section 4 of the Special Marriage Act. The petitioners argue that the provision allowing marriages across faiths raises inheritance concerns in certain cases. The court has sought a response; it has not ruled on the challenge.
MP High Court Issues Notice To Centre On Plea Challenging Special Marriage Act Provision | Representative Image
Jabalpur (Madhya Pradesh): The High Court principal seat has served notice on the Union Government on a petition seeking direction to quash the non-obstante clause provision of section 4 of the Special Marriage Act that allows inter-faith marriage.
A division bench of Chief Justice AY Kogje and Justice Vivek Jain issued the notice to the Union Government during the hearing of the petition on Tuesday.
The petition is filed by Heeralal Rathore of Indore and Digvijay Singh, a social worker and Prant Dharam Prasar Pramukh of Vishwa Hindu Parishad, Jabalpur.
The non-obstante clause in Section 4 of the Special Marriage Act allows an interfaith marriage without requiring either partner to convert to the other’s religion, the petitioners’ senior advocate Ashok Lalwani said.
The senior advocate said as per Muslim Law the marriage of a Muslim man to a Hindu woman will be valid only after the woman changes her religion and then she will get inheritance rights in the property.
And if the Hindu woman does not change her religion, the marriage will be invalid and she will be deprived of inheritance rights; thus, the non-obstante clause of Section 4 must be struck down, the counsel said.
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