While refusing to quash an FIR of rape, the Delhi High Court has issued guidelines regarding conversions for inter-religious marriages. The court stated that individuals who convert their religion for the purpose of marriage must submit an affidavit declaring their awareness of the consequences and implications of the conversion. Justice Swarana Kanta Sharma dismissed a petition seeking the quashing of the FIR and issued guidelines to be followed in cases of inter-religion marriages after conversion.
According to the court’s guidelines, a person undergoing religious conversion must file an affidavit stating that the conversion is voluntary, with a clear understanding of the implications and consequences related to divorce, succession, custody, and religious rights. The conversion certificate should also be accompanied by a certificate in a vernacular language understood by the convert to ensure their comprehension of the tenets, rituals, and expectations of the new religion. The certificate should also be available in Hindi if it is the language spoken and understood by the convert.
However, the court clarified that these guidelines will not apply to individuals converting back to their original religion, as they are already familiar with its practices. The purpose of these guidelines is to ensure well-informed decisions by naive and uneducated couples who may enter into inter-religious marriages after conversions without fully comprehending the profound implications on their personal laws and various aspects of life.
In the case before the court, a married woman (prosecutrix) who was not legally divorced from her first husband had filed an FIR against the accused for rape. The court emphasized that the subsequent marriage between the prosecutrix and the accused cannot be a basis for quashing the FIR, especially since the prosecutrix was not legally divorced. The court emphasized that each case must be adjudged strictly on the basis of evidence, conduct of the parties, and other relevant factors. Therefore, the court found the FIR should not be quashed in this instance.
The court also noted that the prosecutrix had two children from her previous marriage, and the accused was also married. The FIR was lodged in September 2022, and in October 2022, the prosecutrix converted her religion and married the accused. However, the accused was arrested in November 2022. As a result, they approached the high court seeking the quashing of the FIR.
Overall, the Delhi High Court’s guidelines aim to ensure that individuals fully understand the consequences of religious conversion for inter-religious marriages and make well-informed decisions. These guidelines will contribute to a better understanding of the profound implications of such conversions and their impact on personal laws and various aspects of life.
