Can't Jail Someone for Interfaith Union: SC Bail for Muslim Man

The state cannot object to two consenting adults living together merely because they belong to different religions, the Supreme Court asserted while granting bail to a Muslim man jailed for nearly six months after marrying a Hindu woman.

- Utkarsh Anand

NEW DELHI:

A bench of Justices BV Nagarathna and Satish Chandra Sharma passed the order as it allowed an appeal filed by a man, who was denied bail by the Uttarakhand High Court in February 2025. The petitioner was arrested under provisions of the Uttarakhand Freedom of Religion Act, 2018 and the Bharatiya Nyaya Sanhita, 2023, for allegedly concealing his religious identity and fraudulently marrying the woman under Hindu rites.

In an order issued recently, the Supreme Court said: "The respondent-state cannot have any objection to the appellant and his wife residing together inasmuch as they have been married as per the wishes of their respective parents and families." The bench further clarified that the ongoing criminal proceedings would not come in the way of the couple living together by choice.