SANIYA BANO Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed by petitioners seeking the following reliefs:-

(2.) It is the case of petitioners that petitioner No.1 is a Muslim girl whereas petitioner No.2 is a non-muslim boy. They are intending to marry but because of difference in religion, they are facing stiff opposition by family members. However, they are living in a live-in-relationship based on mutual trust and affection.

(3.) It is submitted by counsel for petitioners that police protection may be provided to the petitioners, so that they can approach marriage officer and can file an application for registration of marriage under the Special Marriage Act. It is further submitted that in case if any complaint with regard to abduction of petitioner No.1 is made by her family members, then police may be directed not to register the FIR without conducting a preliminary inquiry. It is further submitted that police must record the statements of petitioners before acting upon the complaint if any is made by family members of any of the petitioners.