Smt Sahiba Khatoon @ Samriddhi and Another vs… — Matrimonial and Divorce | Allahabad HC (2026)

Smt Sahiba Khatoon @ Samriddhi and Another vs… — Matrimonial and Divorce | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Interim protection granted: petitioners directed to apply for registration of their marriage under the Special Marriage Act, 1954; on such application, respondent nos.2 and 3 to provide adequate security on a detailed application moved by the petitioners; respondent no.2 to ensure no harassment by respondent no.4 or his family members. State counsel granted four weeks to obtain instructions; case to be put up fresh on 23.02.2026.

Issue for consideration

Whether the petitioners, who have solemnized an inter-religion marriage and apprehend a life threat from respondent no.4, are entitled to interim protection and a direction for security in the meantime, while they apply for registration of their marriage under the Special Marriage Act.

Court's answer

In the meantime, the petitioners are to apply for registration of their marriage under the Special Marriage Act, 1954.

Ratio / Principle

In case the petitioners have applied for registration of their marriage under the Special Marriage Act, respondent nos.2 and 3 will provide adequate security to the petitioners on the detailed application moved by them.

Key takeaways

Respondent no.2 is to ensure that no harassment is caused to the petitioners by respondent no.4 or his family members in respect of the marriage of the petitioners.ratio¶17

Detailed headnote1 paragraphs

Interim protection - inter-religion marriage - petitioners, stated to be major, solemnized their marriage on 06.12.2025 without duress or coercion and wished to apply for registration of the marriage under the Special Marriage Act; they sought protection apprehending a life threat from respondent no.4. Learned Additional Chief Standing Counsel stated that both petitioners appear to be major on the basis of school certificate but that no application under Section 8/9 of the U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 had been moved, and was granted four weeks to obtain instructions. Vivek Kumar Singh, J. directed (interim): petitioners to apply for registration of their marriage under the Special Marriage Act, 1954; on such application, respondent nos.2 and 3 to provide adequate security on a detailed application; respondent no.2 to ensure that no harassment is caused to the petitioners by respondent no.4 or his family members in respect of the marriage. Case to be put up fresh on 23.02.2026. Order dated January 12, 2026.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 380 of 2026

Smt Sahiba Khatoon @ Samriddhi And Another

.....Petitioner(s)

Versus

State Of U.P. And 3 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Abhay Kumar	Kumar	Bhardwaj,	Krishn
Counsel for Respondent(s)	: C.S.C.
Court No.- 81

HON'BLE VIVEK KUMAR SINGH, J.

Heard learned counsel for the petitioners and Sri Ashwani Kumar Tripathi, learned Additional Chief Standing Counsel for the Staterespondents.

It is submitted by the learned counsel for the petitioners that the petitioners have solemnized an inter-religion marriage on 06.12.2025. Both are major, and they have solemnized their marriage without any duress and coercion. The petitioners wish to file an application for registration of their marriage under the Special Marriage Act and it is prayed that the petitioners be granted some protection in the meantime as they have apprehension of life threat from respondent no.4.

On the other hand, learned Additional Chief Standing Counsel stated that both the petitioners appear to be major on the basis of school certificate, but no application under Section 8/9 of U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 was moved by them. He prays for and is granted four weeks' time to enable him to obtain instructions in this matter.

Put up this case on 23.02.2026 as fresh.

In the meantime, the petitioners will apply for registration of their marriage under the Special Marriage Act, 1954. In case, they have applied for registration of their marriage under the Special Marriage Act, the respondent nos.2 and 3 will provide adequate security to the petitioners, on the detailed application moved by them. Further, the respondent no.2

WRIC No. 380 of 2026

2

would ensure that no harassment is caused to the petitioners by the respondent no.4 or his family members in respect of marriage of the petitioners.

(Vivek Kumar Singh,J.)

January 12, 2026

Radhika

Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad