Order

Interfaith Couple Allowed to Marry Without Public Notice, Police Protection Ordered: Allahabad High Court

12 Oct 2026 2 min read

The Allahabad High Court’s Lucknow Bench has allowed an adult interfaith couple to proceed with their marriage under the Special Marriage Act, 1954, without publication of the marriage notice or inviting objections. The court granted the relief after the couple expressed apprehension of threats to their life and liberty from family members opposed to their relationship.

A division bench comprising Justice Shekhar B. Saraf and Justice Amitabh Kumar Rai passed the order on October 6, 2026, in a writ petition filed by ‘X’ and another against the State of Uttar Pradesh and others.

Couple had been living together for two years

According to the judgment, the petitioners are adults who had been in a live-in relationship for approximately two years and have a child. As they belong to different religions, they intended to solemnize their marriage under the Special Marriage Act, 1954.

The couple told the court that they feared for their safety because their parents and relatives opposed their relationship. The judgment also records that an FIR had been registered in June 2025 at the P.G.I. police station in Lucknow following a complaint by the mother of one petitioner.

The couple sought permission to marry without the usual public notice and objection process under Sections 6 and 7 of the Act.

Marriage notice and objections dispensed with

Considering the specific circumstances and the apprehended threat, the court directed the couple to submit their intended marriage notice to the Lucknow Marriage Officer within ten days of the order. However, it dispensed with the publication of notice and the invitation or entertainment of objections in their case.

The Marriage Officer was directed to proceed with solemnization of the marriage in accordance with law and issue the marriage certificate. The officer may verify the couple’s identity, age and valid consent before solemnizing the marriage.

Police protection ordered

The bench directed the Commissioner of Police, Lucknow, to provide protection and necessary assistance during the process and after the marriage, based on an assessment of the threat perception.

Emphasising individual autonomy and constitutional liberty, the court observed: “Neither State nor law nor society can dictate the choice of partner.”

The court reiterated that an adult’s freedom to choose a life partner, regardless of religion, forms part of the fundamental right to life and personal liberty under Article 21 of the Constitution of India. The writ petition was disposed of in accordance with these directions.