Observing that insisting conver- sion certificate cannot be counte- nanced in marriages before the registrar under the Special Mar- riage Act, Justice C Saravanan said the Parliament enacted Spe- cial Marriage Act, 1954, for regulat- ing and registration of the 2016 marriage. The impugned order of the respondent, insisting on a con- version certificate in case of mar- riages performed under the Special Marriage Act, 1954 is unnecessary, read the judgment.

Conversion certificate not needed under SMA: HC

CHENNAI: Insisting on conver-sion certificates in marriages under the Special Marriage Act, 1954, is unnecessary, the Madras High Court said.

Observing that insisting conver- sion certificate cannot be counte- nanced in marriages before the registrar under the Special Mar- riage Act, Justice C Saravanan said the Parliament enacted Spe- cial Marriage Act, 1954, for regulat- ing and registration of the 2016 marriage. The impugned order of the respondent, insisting on a con- version certificate in case of mar- riages performed under the Special Marriage Act, 1954 is unnecessary, read the judgment.

The marriages performed under the Act are secular marriages and are performed after due process and complying with the safeguards. prescribed under the rules, ob- served the Justice. The marriage is solemnized between persons be- longing to different faiths by birth, there should be a proper conver- sion to the faith, duly certified by the persons qualified under the re- spective personal laws, the Justice observed. It is only thereafter, such marriage can be solemnized under the personal law and allowed to be registered under the Tamil Nadu Registration Rules, 2009, said the justice. Those, who fail to produce certificates of conversion, will have to opt for marriage by regis-

tration under the provisions of the Special Marriage Act, 1954, the Jus- tice observed.

The case pertains to a petition moved by Anandha Munirasan representing The Caste Denial Centre’ seeking to quash the order issued by the inspector general of registration. According to the peti- tioner, the impugned order man- dated the submission of a certifi- cate of conversion before register- ing the marriage under the provi- sions of the Tamil Nadu Registra- tion of Marriages Act, 2009, wher- ever there is an interfaith marriage: under personal law. Alleging that respondents are unnecessarily cre- ating a divide in the society based on caste, creed, and religion of the parties to the marriage, he said the respondent has no power to issue such directions contrary to the scheme of the state.

Government advocate K Tippu Sulthan appearing for the registra- tion department, said that mar- riage certificates issued for inter- faith couples without appropriate conversion certificate has resulted in abuse by agents and is resulting in forceful conversion of young persons and have drastic conse- quences on them. The impugned. order has been issued by the re- spondent to ensure that there is no. abuse in the registration of mar- riage under the Tamil Nadu Regis tration of Marriages Act, 2009, said the counsel.