SC allows woman to live with her parents instead of husband

The Supreme Court on Thursday allowed a 20-year-old woman, who allegedly converted to Islam and married a Muslim man, to live with her parents.

A bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud after interacting with the woman, who wished to go with her parents instead of her alleged husband said she was free to lead her life as per her wish.

The court's order came on a habeas corpus petition filed by 23-year-old Mohammad Danish seeking that his wife be freed from the custody of her parents.

The court taking into consideration the submissions of the woman, disposed off the habeas corpus plea of Danish and did not touch the aspect of their marriage.

During the hearing, the woman, who was present in the court along with her parents pursuant to the court's May 15 order, told the bench that she wanted to go with her parents residing in Haldwani district of Uttarakhand.

The bench in its order said: "After we made some queries, we find that she has a clear mind and intends to stay with her parents. In view of the aforesaid, the habeas corpus petition filed by the petitioner shall stand disposed off."

"You are a major and as per law, you are free to lead your life as per your wish. You can go wherever you want to go. Now tell us with whom you want to live," the bench asked the woman while interacting with her in the court.

She told the court that she wanted to go with her parents and has studied Bachelors in Business Administration in Bheemtal town, and wanted to be an entrepreneur.

Danish had claimed they both were studying BBA in Bheemtal when they fell in love and her parents were opposed to their marriage and relationship so they got married in Ghaziabad on April 19 as per Islamic rituals and customs.

He had approached the apex court seeking reunion with his wife saying he was arrested by the police and lodged in Haldwani jail since April 20 for the alleged abduction of his wife, a Hindu girl who had later converted to Islam of her own free will and had taken a different name.

The Uttarakhand government told the court that the nikahnama and the marriage certificate were fake and it was a clear case of abduction.

On April 18, 2018, the woman's brother had filed a missing complaint with Kathgodam police in Uttarakhand after she was untraceable.

--IANS

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