Madhya Pradesh HC orders protection for ‘interfaith’ couple facing threats

BHOPAL: The Madhya Pradesh high court has directed the state government to provide protection to an interfaith couple living in Gwalior from threats to their lives.
The couple, a 21-year-old Hindu man and a 20-year-old Muslim woman, approached the Gwalior bench after expressing fears of violence from their respective families.
They had filed a writ petition through Advocate Ashish Singh Jadon, who stated that the woman’s family was opposed to the relationship and had been threatening the couple.
In the petition, filed under Article 226 of the Constitution of India, the couple sought the following reliefs:
Immediate and adequate protection from police authorities against any threats, harm, or acts of violence from the woman’s family members or any other individuals acting on their behalf.
Continuous surveillance and monitoring around their residence in Ward No. 7, near the New Bus Stand in Karera, District Shivpuri, to ensure their safety.
Preventive action by the police against any individuals, including the woman’s family members, who attempt to intimidate, harass, or harm the petitioners.
Any other relief deemed appropriate by the court, given the circumstances.
The petitioners explained that despite their desire to marry, they were facing strong opposition from their families due to their different religious backgrounds. The couple has been living together in a live-in relationship based on mutual trust and affection.
Their counsel argued that the couple requires police protection to approach the marriage officer and register their marriage under the Special Marriage Act.
They further requested that, in the event any complaint is filed by the woman’s family alleging abduction, the police should conduct a preliminary inquiry before registering any FIR. The counsel also urged that the statements of the petitioners be recorded before any action is taken on such complaints.
The State’s counsel supported the petitioners’ request, stating that if the couple approached the authorities for protection, their plea would be considered, emphasising that it is the duty of the state to ensure the safety of its citizens.
The court, after hearing the parties, addressed a crucial legal question regarding the marriage of a Muslim woman to a non-Muslim man. On 1 January, the court had requested the petitioners' counsel to clarify whether a Muslim woman can legally marry a non-Muslim man.
Citing Clause 265(2) of Mahomedan Law, which states that a Muslim woman cannot contract a valid marriage except with a Muslim, the court noted that a marriage between a Muslim woman and a non-Muslim man would be considered irregular but not void.
The State’s counsel also agreed that if the petitioners approach the authorities for protection, full protection would be provided to ensure they can approach the marriage officer and register their marriage under the Special Marriage Act.
After hearing the plea, the court ordered that if the petitioners approach the Superintendent of Police, Shivpuri, expressing their intention to file an application for marriage registration under the Special Marriage Act, police protection will be provided to them. The police will ensure the couple’s safe transport from their home to the marriage officer’s office and back, in police custody, without any harm.
Police protection will also be extended to the petitioners for all future proceedings scheduled by the marriage officer. If the petitioners apply for police protection on a paid basis under Regulation 494 of the Police Regulation, the Superintendent of Police, Shivpuri, will decide on the matter. However, the court clarified that the protection for attending marriage proceedings would be provided at public expense, not on a paid basis.
If any complaint is filed by the family members of the petitioners regarding any offence, the police will conduct a preliminary inquiry and record the petitioners' statements before taking further action, the court ruled.