Court directs Marriage Officer to dispense with notice publication under Special Marriage Act, 1954, and orders police protection for couple fearing family threats
In a significant judgment dated October 6, 2026, the Allahabad High Court (Division Bench, Lucknow) has granted relief to an interfaith major couple living in a live-in relationship with a child, allowing them to solemnize their marriage under the Special Marriage Act, 1954 without the mandatory publication of notice. The couple had approached the Court fearing threats to their life and liberty from their respective families due to their differing religions and their relationship.
The petitioners, who have been cohabiting for two years and have a nine-month-old child, sought a writ of mandamus directing the authorities to accept and process their marriage application based on their permanent address in Lucknow and to exempt them from the publication of notice and inviting objections under Sections 6 and 7 of the Special Marriage Act, 1954.
The Court acknowledged that while the Act requires notice of intended marriage to be published to invite objections, such provisions are directory and can be dispensed with in exceptional circumstances where the life and liberty of the parties are at risk. Relying on the Supreme Court's landmark decision in Shafin Jahan v. Asokan K.M. (2018), the Court reiterated that the right of adults to choose a life partner regardless of religion is a fundamental right protected under Article 21 of the Constitution.
The Court directed the petitioners to give notice of intended marriage to the Marriage Officer of Lucknow within ten days. However, the Marriage Officer was ordered not to publish the notice or entertain any objections, and to proceed with solemnization after verifying identity, age, and consent.
Recognizing the threat perception, the Court also directed the Commissioner of Police, Lucknow, to provide necessary protection and assistance to the couple during and after the marriage process. The police were further instructed to act promptly on any complaints of harm or threat faced by the petitioners from their family members or others.
This judgment underscores the judiciary's commitment to safeguarding individual freedoms, especially the right to marry a person of one's choice, transcending religious and social barriers, and ensuring protection against coercion or violence.
Bottom Line:
Special Marriage Act, 1954 - Inter-faith major couple in live-in relationship with child sought permission to solemnize marriage without publication of notice owing to threat from family members - Held, requirement of publication of notice under Sections 6 and 7 is directory and can be dispensed with in peculiar facts where life and liberty of parties are at risk - Marriage Officer directed to accept notice under Section 5, process marriage at Lucknow, verify identity, age and consent, and not publish notice or entertain objections - Police protection also directed.
Statutory provision(s): Special Marriage Act, 1954 Sections 5, 6, 7, 8, 9; Constitution of India Article 21
'X' v. State of U.P., (All)(DB)(Lucknow) : Law Finder Doc Id # 2994079
