Inter-Faith Marriage
   Date :16-Feb-2026

currenttrendinlaw
 
By Adv. R.S. Agrawal : 
 
This case reveals a shocking state of affairs. There is no dispute that the petitioner is a major and was, at all relevant times a major. Hence the petitioner-wife is free to marry anyone she likes or to live with anyone she likes. There is no bar to an inter-caste marriage under the Hindu Marriage Act or any other law. Hence, we cannot see what offence has been committed by the petitioner, her husband or her husband’s relatives. 
 
IN THE judgement of the case involving inter-faith marriage –Smt ‘X’ and others v. The State of Madhya Pradesh and Others, delivered on February 13, 2026, Justice B P Sharma has, in the facts and circumstances of the case, thought it appropriate to dispose of the writ petition with direction to the Superintendent of Police to take appropriate steps for providing protection to the petitioners for their safety of life and liberty in accordance with law. In the High Court of Madhya Pradesh at Jabalpur, it has been the case of the petitioner-couple that they are major and Hindus by religion belonging to different caste and society. The petitioner-1 (23) belongs to Yadav community however, the petitioner-2 (19) belongs to Kushwaha community.
 
The petitioners’ marriage was solemnised on January 9, 2026, from the Hindu Vivah Sansthanam Samiti, Bhopal, as per Hindu rites and rituals with consent of each other without any pressure, fear and greed. It was pointed out that the family of the petitioner-2 along with other members of the community were attempting to initiate criminal proceedings against the petitioner. It was submitted that the respondent No. 3, the father of the petitioner-1 was unnecessarily harassing and torturing the petitioners by compelling them to dissolve the marriage. He lodged false complaint before respondent-2 against petitioner-2. It was submitted that the petitioners were legally entitled to marry and reside with a person of their own choice. The petitioners have solemnised their marriage in accordance with the social customs and are presently living together in peace.
 
No person or authority has right to interfere with the realisation of that choice. Even otherwise, obstructing an individual’s right to choose their partner amounts to a direct assault on the essence of dignity itself. It was argued that the Supreme Court has granted protection to such kind of inter-caste marriages; wherein the parents being unhappy lodge false reports. The counsel for the petitioners, Rambihari Gautam placed reliance upon the judgements passed by the Supreme Court in the cases of Lata Singh v. State of UP and another-(2006) 5 SCC 475 and Shakti Vahini v. Union of India and others- (2018)7 SCC 192. On the other hand, State Counsel Yadvendra Dwivedi had vehemently opposed the contentions raised by the petitioners, but he could not dispute the fact that the petitioners are major and they have solemnised their marriage on their own free will. The HC pointed out that it is not in dispute that the petitioners are major and have married on January 9, 2026. The family of the petitioner-1 are attempting to initiate criminal proceedings against the petitioners and they have threatened the petitioners to implicate them in false criminal case.
 
The Supreme Court has held in Lata Singh’s case, as under: “This case reveals a shocking state of affairs. There is no dispute that the petitioner is a major and was, at all relevant times a major. Hence the petitioner-wife is free to marry anyone she likes or to live with anyone she likes. There is no bar to an inter-caste marriage under the Hindu Marriage Act or any other law. Hence, we cannot see what offence has been committed by the petitioner, her husband or her husband’s relatives.” “We are of the opinion that no offence was committed by any of the accused and the whole criminal case in question is an abuse of the process of the Court as well as of the administrative machinery at the instance of the petitioner’s brothers, who were furious only because the petition married outside her caste. We are distressed to note that instead of taking action against the petitioners’ brothers for their unlawful and high-handed acts, the Police instead, proceeded against the petitioner’s husband and his relatives.” “Since, several such instances are coming to our knowledge, of harassment, threats and violence against young men and women, who marry outside their caste, we feel it necessary to make some general comments on the matter.
 
The Nation is passing through a crucial transitional period in our history and this Court cannot remain silent in matters of great public concern, such as the present one. “The caste system is a curse on the nation and sooner, it is destroyed, the better. In fact, it is dividing the nation at a time when we have to be united to face the challenges before the nation, Hence, the inter-caste marriages are in fact, in national interest, as those will result in destroying the case system. However, disturbing news are coming from several parts of the country that young men and women, who marry inter-caste are threatened with violence, or violence is actually committed on them. “In our (Supreme Court’s) opinion such acts of violence or threats or harassment are wholly illegal or those, who commit them, must be severely punished.
 
This is a free and democratic country and once a person becomes a major, he or she can marry whomsoever, He/she likes. If the parents of the boy or girl do not approve of such inter-caste or inter-religious marriage, the maximum they can do is that they can cut off social relations with their son or daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person, who undergoes such inter-cast or inter-religious marriage.”
 
Therefore, the Supreme Court has directed the administrative/ Police authorities throughout the country will see to it that any boy or a girl, who is a major or undergoes inter-caste or inter-religious marriage with a woman or man, who is a major, the couple are not harassed by anyone nor subjected to threats or acts of violence and anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the Police against such persons and further, stern action is taken against such persons, as provided by law. Referring to the tag of “honour” killings, the Supreme Court has commented that there is nothing honourable in such killings, and in fact, those are only barbaric and shameful acts of murder committed by brutal, feudal minded persons, who deserve harsh punishment.