Court permits couple to proceed with marriage formalities afresh and mandates police to ensure their safety amid threats by religious fundamentalists
In a significant judgment delivered on October 7, 2026, the Calcutta High Court, presided over by Justice Saugata Bhattacharyya, addressed the issue of threats and intimidation faced by an inter-faith couple, Shorab Hussien and another petitioner, seeking to solemnize their marriage. The couple had planned to solemnize their marriage on July 29, 2026, but due to constant threats from members of religious fundamentalist organizations, the marriage could not take place and the notice period for the solemnization lapsed on September 25, 2026.
The petitioners approached the High Court through a writ petition seeking directions to the police authorities to facilitate the couple in taking fresh (de novo) steps for solemnizing their marriage without further harassment. It was also alleged that the jurisdictional Marriage Registrar had become reluctant to proceed, possibly due to pressure or intimidation.
The Court took cognizance of the situation and directed the Inspector-in-Charge of Nabadwip Police Station (respondent no.4) to verify the stance of the Marriage Registrar (respondent no.5). The police official reported that the Registrar was willing to proceed with the marriage formalities without any difficulty.
Consequently, the Court held that the petitioners were at liberty to take all necessary steps under the law to solemnize their marriage anew. Moreover, it was ordered that upon intimation to the jurisdictional police authority, adequate police protection must be provided to the petitioners and their family members to ensure their safety and facilitate completion of all marriage-related formalities without intimidation.
This judgment is a strong assertion of the right to marry regardless of religious differences and reaffirms the State's duty to protect citizens from threats and intimidation, especially in cases involving inter-faith unions. The Court's intervention underscores the importance of upholding personal liberty and dignity against communal pressures.
The writ petition was disposed of with the directive to act on the Court's order as per the downloaded official copy.
Bottom Line:
Inter-faith marriage - Petitioners alleged threat and intimidation by religious fundamentalist organizations preventing solemnization of marriage - Court permitted petitioners to take de novo steps for solemnizing marriage in accordance with law and directed that on intimation to jurisdictional police authority, necessary police protection be provided to petitioners and their family members for completing marriage formalities.
Statutory provision(s):
Case pertains to the solemnization of marriage and police protection typically governed by the Special Marriage Act, 1954, and relevant provisions under the Indian Penal Code regarding threats and intimidation.
Shorab Hussien v. State of West Bengal, (Calcutta) : Law Finder Doc Id # 2994085
