Allahabad HC Allows Interfaith Couple to Marry Under Special Marriage Act Without Notice Publication, Objections

The Allahabad High Court recently allowed an interfaith couple to solemnise their marriage under the Special Marriage Act, 1954 without publication of the marriage notice or inviting objections, holding that the requirements under Sections 6 and 7 could be dispensed with in the peculiar circumstances of the case where the couple apprehended danger to their life and liberty.

The bench of Justice Shekhar B. Saraf and Justice Amitabh Kumar Rai directed that the Marriage Officer of Lucknow district, upon receiving the couple's notice of their intended marriage in the form specified in the Second Schedule as required under Section 5 of the Act, will proceed and issue the marriage certificate after solemnisation of the marriage.

“The Marriage Officer shall not publish any such notice or entertain objections to the intended marriage and shall proceed with the solemnization of the marriage of the petitioners," the bench ordered. 

Moreover, court directed the Commissioner of Police, Lucknow to provide protection and necessary assistance to the couple during the aforesaid period and even after the marriage after assessing the threat perception to them in accordance with law.

Interfaith couple

The interfaith couple moved the high court seeking directions concerning solemnisation of their marriage under the Special Marriage Act, 1954. They stated that, both being adults, had been in a live-in relationship for two years. They also have a child approximately nine months old. Since, they profess different religions, they wanted to solemnise their marriage under the Special Marriage Act, 1954.

Threat from family members

According to the couple, they apprehended danger to their life and liberty from their parents and relatives because they opposed their relationship. The mother of the female partner lodged an FIR, on June 26, 2025, under Section 140(1) of the Bharatiya Nyaya Sanhita, 2023, at Police Station P.G.I., Lucknow. In the matter, the investigating officer subsequently recorded in a report that they were majors and were living together.

Special Marriage Act notice procedure

Section 5 of the Act requires notice to the Marriage Officer of the district in which at least one party has resided for at least 30 days. Section 6 requires publication of the notice by affixing it at a conspicuous place in the Marriage Officer's office. Section 7 permits objections within 30 days on specified statutory grounds.

The petitioners contended that publication would expose them to danger because their parents and relatives allegedly bore a grudge against them because of their live-in relationship and their intention to marry across religions. Therefore, they sought exemption from publication of the notice and the objection process.

Court noted that the couple had a child, had been frequently changing residence because of fear of relatives, and wanted to marry in Lucknow. 

Court noted that noted that in the case of Habeas Corpus No.16907 of 2020, while interpreting Sections 6 and 7 read with Section 46 of the Act, 1954, the high court has held that the requirement of publication of notice under Section 6 and inviting/entertaining objections under Section 7 of the Act, 1954 is directory in nature and has to be given effect only on the request of the parties to the intended marriage and not otherwise. 

Therefore, taking into consideration the peculiar facts of the case at hand, court directed that the requirement of the provisions will be dispensed off.

"However, it shall be open to the Marriage Officer while solemnizing the marriage to verify the identity, age and valid consent of the petitioners to the marriage," court clarified. 

"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. Decision of individuals who are of majority age to live together and solemnize marriage is right to freedom of choice, to choose a partner and live with dignity which is a fundamental right enshrined in Article 21 of Constitution of India...There is a complete freedom to choose life partner of any faith, belief, religion, caste etc. Neither State nor law nor society can dictate the choice of partner," court observed, before parting with the matter. 

Case: 'X' and Another v. State of U.P. through Principal Secretary, Home, Lucknow and 3 Others

Date of order: October 6, 2026. 

Bench: Justice Shekhar B. Saraf and Justice Amitabh Kumar Rai