Interfaith Couple Fearing Threats: Allahabad High Court Waives Special Marriage Act Notice Publication, Directs Police Protection

Granting relief to an interfaith couple facing threats to their lives and liberty from family members, the Allahabad High Court on Tuesday dispensed with publishing a marriage notice and inviting objections under the Special Marriage Act, 1954.

The Court directed the Marriage Officer in Lucknow not to publish the notice or entertain objections to the proposed marriage of the petitioners.

It also directed the Commissioner of Police, Lucknow, to provide protection and necessary assistance to the couple during the marriage process and thereafter, subject to an assessment of the threat perception in accordance with law.

A Bench of Justice Shekhar B Saraf and Justice Amitabh Kumar Rai passed the order on the plea moved by an adult couple. They have been in a live-in relationship for about two years and have a child who is around nine months old.

Since they belong to different religions, they intended to solemnise their marriage under the Special Marriage Act, 1954. They approached the High Court apprehending threats to their lives from their parents and relatives, who were allegedly opposed to their relationship.

The couple stated that they had frequently changed residence out of fear and wished to marry in Lucknow.

The Court also took note of an FIR registered on June 26, 2025, at the PGI Police Station in Lucknow under Section 140(1) of the Bharatiya Nyaya Sanhita, 2023, on a complaint made by the mother of petitioner No. 1. The investigating officer's report recorded that the petitioners were adults and living together.

Examining the procedure under the Special Marriage Act, the Court noted that Section 5 requires parties intending to marry to give written notice to the Marriage Officer of the district where at least one of them has resided for at least 30 days immediately preceding the notice.

It further noted that Section 6 deals with publication of the notice, while Section 7 provides for objections to the proposed marriage within 30 days of publication on grounds specified under Section 4.

The Bench directed the petitioners to submit notice of their intended marriage to the Marriage Officer, Lucknow, in the prescribed form within 10 days of the order.

The officer was directed to proceed in accordance with the Act and issue a marriage certificate once the marriage was solemnised in accordance with law.

Referring to an earlier Allahabad High Court decision interpreting Sections 6 and 7 read with Section 46 of the Act, the Bench noted that publication of notice and invitation of objections were directory in nature and were to be followed only where the parties requested the procedure.

Against this backdrop, given the circumstances and the apprehended threat to the couple's lives and liberty, the Court dispensed with publication of notice under Section 6 and the invitation of objections under Section 7.

It directed the Marriage Officer not to publicize or entertain objections and to proceed with solemnization of the marriage.

The Court clarified that the officer could verify the parties' identity, age and valid consent to the marriage.

Furthermore, noting the apparent threat to the couple's lives and liberty, the High Court directed the Commissioner of Police, Lucknow, to protect the couple.

The Court also directed the police to provide necessary assistance during the period leading up to their marriage and thereafter, following an assessment of the threat perception in accordance with law.

The Bench further observed that the petitioners could approach the police if they suffered any harm.

In its order, the High Court also underscored the constitutional protection afforded to an adult's freedom to choose a life partner.

Observing that constitutional courts must uphold the right to life and personal liberty under Article 21, the Bench stated thus:

"Right to live with a person of his/her choice, irrespective of religion professed by individuals is intrinsic to right to life and personal liberty…Neither State nor law nor society can dictate the choice of partner".

It added that this right could not be taken away except through a law that was substantially and procedurally fair, just and reasonable.

The writ petition was accordingly disposed of in terms of the directions issued by the Court.