4 min readMar 10, 2026 01:47 PM IST
First published on: Mar 10, 2026 at 01:47 PM IST
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.
“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.
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.
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. 
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