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Religious Conversion is an adoption of one meticulous religious denomination either by choice or by inducement. It is a description of a person who wants to abandon one denomination and wants to associate or connect with another denomination by adhering to standard terms and conditions of that particular religion. On the other hand interfaith marriage is a marriage in which the spouses of different faiths marry each other. In this type of marriage, the spouses will adhere to their own religions.
The Rajasthan High Court had a contention pertaining to Religious conversions and Interfaith Marriages and had issued certain directions which should be followed in case of interfaith marriages. The High Court further pronounced that any interfaith marriage will be executed only after conversion and that marriage which could be any nomenclature is voidable only upon complaint by any aggrieved party.
Recently, a Habeas Corpus petition was filed by Chirag Singhvi pertaining to his sister Payal Singhvi who was under the custody of Faiez Modi purportedly. This petition was heard by the Divisional Bench consisting of Justice Virendra Kumar Mathur and Justice Gopal Krishna Vyas who after considering the facts and circumstances of the petition which were reflected from the documents concluded that questions pertating to religious conversion are was a question of fact. In this case the “NIKAH” was in question. The Court after scrutinizing the documents allowed Payal Singhvi to go as she was a major and, was not in an illegal custody.
Submission was made by the Counsel of the Respondent, held that the writ petition is ineffective as it results in the violation of fundamental right of Article 25 of the Constitution of India which states the Freedom of religion of the citizens. After examining Article 25 of the Constitution of India, the Bench held that Freedom of religion as stated in Article 25 does not state or imply that a person of one religion can force or compel another to change his/her religion in order to formalize the marriage. Conversion of Religion for the purpose of marriage is not permitted and stated under Article 25 of the Constitution of India. Although every citizen has the right to follow any religion as per his/her will, that does not mean it can be done forcibly. The Court held that until the enactment of the Rajasthan Dharma Swatantrya Act, 2006 there have been certain guidelines which have to be followed in order to curtail forcible conversion of religion for the purpose of solemnizing the marriage.
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