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Delhi High Court says, an adult woman can live with or marry whoever she wishes

Courtesy/By: Dhruv Agrawal | 2020-11-25 23:51     Views : 199

The Delhi High Court has said an adult woman is free to reside wherever she wants and with whoever she wishes. The court said this while providing relief to an adult woman who left her home to marry the man of her choice.

The Division Bench of Justice Vipin Sanghi and Justice Rajnish Bhatnagar passed the ruling in a habeas corpus petition wherein the family members of the woman were seeking her production before the court.

As per the facts of the case, a man named Babloo was identified as a suspect with whom she left her parents’ house.

The woman was tracked down by the police and was produced before the court through video-conferencing.

During the hearing, the court observed that she in her statements made under section 164 of the Criminal Procedure Code, admitted that she went with Babloo of her own free will and married him. 

Special Marriage Act “is one of the earliest endeavors towards a Uniform Civil Code,” Justice JJ Munir observed.

He also interacted with the girl who said she wanted to stay with her husband. On this, Justice Munir observed while noting that she is a major: “She is free to stay with whomsoever she wants and go wherever she likes. Since she has indicated her desire to go along with her husband, she is free to do so.”

The Allahabad HC observation came amid another order where the court said that conversion just for the purpose of marriage is unacceptable.

Justice MC Tripathi made the remark while dismissing a plea by a newly married couple.

The couple moved to court to direct police and the woman’s father not to disturb marriage life.

The girl, whose parents are Muslim, converted to Hinduism just a month before her marriage.

In the petition filed by Priyanshi alias Samreen and her partner, it was stated that the couple got married in July this year, but family members of the woman were interfering in their marital life.

“The first petitioner has converted her religion on June 29, 2020, and just after one month, they have solemnized their marriage on July 31, 2020, which clearly reveals to this court that the said conversion has taken place only for the purpose of marriage,” the court observed while dismissing the petition.

 

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being. 

Courtesy/By: Dhruv Agrawal | 2020-11-25 23:51