The petitioners in their applications had sought interim relief that inter-faith marriages be kept outside purview of the Act.
The petitioners in the case contended that the Freedom of Religion Act executed by the state government is illegal and violates the fundamental rights of an individual as enshrined in Article 14, 19 and 25 of Indian Constitution. They have pointed out sections 3, 4, 5, 6, 7, 10, 12 and 13 of the Act.
The petitioners said that an adult person has a right to marry according to his choice. However, the Act provides for 3 to 10 years of jail if a marriage is performed under threat or in a covert fashion. It also allows a third person to lodge a complaint in this regard. There have been at least two cases in the state, where a case under the Act was registered though the marriage had taken place some years ago.
In the event of marital dispute, a case is registered under Freedom of Religion Act. They had moved an application seeking interim relief that inter-faith marriages be kept out of the purview of the Act. The petitioners said that the Rajasthan high court has given a similar relief.
Following arguments from both sides, the bench of Justice Sujoy Paul and Justice Prakash Chandra Gupta reserved its judgment on the application. Advocates Himanshu Mishra and Shagufta Khan appeared in the case on behalf of the petitioners.