Direction of Police Protection Given to Inter-Faith Couple During the Process of Marriage and Beyond by Gujrat HC

The Muslim man earlier in February moved a habeas corpus petition requesting development before the court of his partner, the LRD trainee. He also sought directions from the court to order, under the Special Marriages Act (SMA), the registrar of special marriages to solemnize the marriage of the pair.   

Justices Sonia Gokani and Sangeeta K Vishen noted that the woman was keen on marrying the petitioner and that it was her family's resistance that prevented her from doing so. The woman asked the Court to allow her to travel to Ahmedabad the next day during the interaction via video conference, which was the last date for registration under the Act. 

The court stated "Noticing that this is an inter-religion marriage, with all the details, which have been given in the petition and vetted by the corpus, we deem it appropriate to DIRECT a lady PSI to ACCOMPANY the corpus to Ahmedabad, ALONG WITH an employee of the District Legal Services Authority. Noticing some of the events narrated by the corpus, we found the presence of an employee of the DLSA, necessary."  

Both were separated from each other on January 9 and unlawfully held at various police stations. They were formally arrested on January 15 when, on the basis of a complaint by the woman's father, a First Information Report was lodged against them. 

The High Court also shared its disappointment with the police for displaying "undue fervour" by flying to Kerala to take into custody a consensual married couple. It added, "While conducting such an investigation, the Range IG concerned shall bear in mind that this is the case where, because of this being an inter-religion marriage, undue fervour is shown." 

The Deputy Commissioner of Police was directed to grant necessary protection to the couple, during the entire process of registration of marriage and thereafter.