States cannot interfere in interfaith marriages, says Supreme Court

The Supreme Court, in its recent judgment, stated that no state government can interfere in interfaith marriages between consenting adults.

The order was passed after the top court overruled a Uttarakhand High Court judgement for not granting bail to a Muslim man who spent six months in jail for marrying a Hindu woman. A police complaint was filed against him after certain right-wing affiliated organisations and individuals objected to their union.

The marriage was conducted with the permission of their families. The Muslim man had also furnished an affidavit a day after the marriage, affirming he would not force his wife to convert and she is free to follow her faith.

Granting bail to the Muslim man, a bench of Justices BV Nagarathna and Satish Chandra Sharma said, “The respondent-state cannot have any objection to the appellant and his wife residing together since they have been married as per the wishes of their respective parents and families.”

The Supreme Court noted that the state government cannot poke its nose when two consenting adults of different religions decide to stay together.