Gujarat High Court orders interfaith couple to marry under Special Marriage Act; mandates fixed deposit for woman’s safety
The Gujarat High Court noted that the man said he will deposit Rs 3 lakh for his live-in partner to ensure her financial safety in case of "any unfortunate contingency arises in future" or if "the corpus is put to any kind of separation in future".
In an affidavit filed before the court, the man addressed concerns raised by the woman’s parents regarding her financial security and the legal requirements for an interfaith marriage.
The Gujarat High Court Monday directed an interfaith couple to solemnise their marriage under the Special Marriage Act within six weeks, while hearing a habeas corpus petition filed by the 22-year-old man seeking to reunite with his live-in partner.
A Division Bench of Justice N S S Gowda and Justice D M Vyas passed the order after the man submitted an undertaking agreeing to deposit Rs 3 lakh to ensure the woman’s financial security. In an oral order, the bench directed appropriate authorities to process the couple’s application for marriage.
The bench also directed the man to give the mandatory notice under the Act, and to conclude the marriage process within six weeks.
The woman, aged around 21, is living in a Women’s Protection Home in the state. During the hearing, she told the court that she wished to live with the petitioner and was not under any illegal confinement.
In an affidavit filed before the court, the man addressed concerns raised by the woman’s parents regarding her financial security and the legal requirements for an interfaith marriage.
What the court said
In the order, the bench noted that the man had informed the court he was willing to deposit Rs 3 lakh for his live-in partner to ensure her financial safety in case of “any unfortunate contingency arises in future” or if “the corpus is put to any kind of separation in future”.
The order also noted that the man agreed, at the court’s instance, that the interest accrued on the Rs 3 lakh fixed deposit would be disbursed exclusively to the woman.
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“In the interregnum, we would also wish to ensure that the petitioner marries with the corpus, which requires a notice of intended marriage under Section 5 of the Special Marriage Act, which would consume some time… as undertaken by him, (the petitioner) shall give a notice of intended marriage with the corpus and conclude the entire process within a period of six weeks from today,” said the bench.
The bench directed the man to deposit Rs 3 lakh in the court Registry, and asked the Registry to invest the amount “in any nationalised bank in the name of the corpus with the mandate to the bank that the interest on the fixed deposit would be disbursed only to the corpus.”
The bench also noted that the woman does not have a bank account and directed the Registry to “ensure that the bank account is opened in the name of the corpus”.
Until the marriage process is completed, the court directed that the woman remain at the Women’s Protection Home but be permitted to accompany the petitioner for steps related to the marriage under the Special Marriage Act.
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The bench also said that if the woman requires documents such as a birth certificate or school-leaving certificate, the authorities concerned must process the request promptly if an application is made through the petitioner or his counsel.
According to the case details, the couple is residents of the same neighbourhood in a district of North Gujarat. The petitioner said in the court that the two had been in a “live-in relationship … and have been living together as partners with mutual consent and understanding”.
The Gujarat High Court will hear the matter after six weeks.
Aditi Raja is an Assistant Editor with The Indian Express, stationed in Vadodara, Gujarat, with over 20 years in the field. She has been reporting from the region of Central Gujarat and Narmada district for this newspaper since 2013, which establishes her as a highly Authoritative and Trustworthy source on regional politics, administration, and critical socio-economic and environmental issues.
Expertise:
Core Authority & Specialization: Her reporting is characterized by a comprehensive grasp of the complex factors shaping Central Gujarat, which comprises a vast tribal population, including:
Politics and Administration: In-depth analysis of dynamics within factions of political parties and how it affects the affairs in the region, visits of national leaders making prominent statements, and government policy decisions impacting the population on ground.
Crucial Regional Projects: She consistently reports on the socio-economic and political impact of infrastructure projects in the region, especially the Statue of Unity, the Sardar Sarovar Project on the Narmada River, the Mumbai-Ahmedabad High Speed Rail bullet train project as well as the National Highway infrastructure.
Social Justice and Human Rights: Her reporting offers deep coverage of sensitive human-interest topics, including gender, crime, and tribal issues. Her reports cover legal proceedings from various district courts as well as the Gujarat High Court (e.g., the Bilkis Bano case remission, POCSO court orders, Public Interest Litigations), the plight of tribal communities, and broader social conflicts (e.g., Kheda flogging case).
Local Impact & Disaster Reporting: Excels in documenting the immediate impact of events on communities, such as the political and civic fallout of the Vadodara floods, the subsequent public anger, and the long-delayed river redevelopment projects, Harni Boat Tragedy, Air India crash, bringing out a blend of stories from the investigations as well as human emotions.
Special Interest Beat: She tracks incidents concerning Non-Resident Gujaratis (NRIs) including crime and legal battles abroad, issues of illegal immigration and deportations, as well as social events connecting the local Gujarati experience to the global diaspora. ... Read More
