The Allahabad High Court has ruled that conversion is a tricky issue and while considering such disputes courts should ensure that conversion has not been done forcibly and fraudulently or with some allurement.
A Lucknow bench comprising Justices Devi Prasad Singh and Rajiv Sharma gave the ruling yesterday while allowing a petition of a girl in an inter-religious marriage case.
According to the petition, the girl who belonged to Jain community allegedly performed nikaah with a youth of Muslim community.
The youth had filed a regular suit for restitution of conjugal rights in the family court of Bahraich district.
However, the court, in its November 12, 2014 order, restrained solemnisation of marriage of the girl with any person whosoever.
The girl then approached High Court challenging the family court order.
The court said that in this case, there was no material on record, as to how and in what manner the conversion took place and why in 'nikahnama' the original name of girl has also been indicated.
The court allowed the appeal and set aside the family court's order and directed it to permit the appellants to file objections and thereafter pass an appropriate order.
The court also quoted in the judgement a 'shloka' of Bhagwad Geeta in which Lord Krishana said,"better is one's own law though imperfectly carried out than the law of another carried out perfectly. Better is death in (the fulfilment of) one's own law for to follow another's law is perilous.
