Introduction:

In a recent landmark ruling, the Delhi High Court has issued crucial guidelines for individuals undergoing religious conversion for marriage, emphasizing the need for informed consent and comprehensive understanding. Justice Swarana Kanta Sharma highlighted the importance of individuals being fully aware of the legal consequences associated with religious conversion. The case involved a plea seeking to quash a rape case where the victim had converted to Islam for marriage after initially alleging rape.

Arguments:

The court underscored the significance of obtaining affidavits regarding age, marital history, and evidence from both parties during inter-faith marriages post-conversion. It mandated an affidavit confirming voluntary conversion after understanding the implications related to divorce, succession, custody, and religious rights. The court also emphasized the inclusion of certificates in additional vernacular languages to ensure understanding by the prospective convert.

Court’s Judgement:

Justice Sharma dismissed the plea seeking to quash the rape case, citing the prosecutrix’s misleading information and lack of clean hands. The court deemed the marriage prima facie invalid, emphasizing that the conversion did not confer legality to the union. The judgment addressed the victim’s illiteracy and the inadequacy of the recorded statements during the investigation.