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Gujarat High Court dismisses plea by woman who alleged that her daughter was forced to marry man of different faith

Team SoOLEGAL 27 Jun 2023 3:59pm

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Gujarat High Court dismisses plea by woman who alleged that her daughter was forced to marry man of different faith

New Delhi: The Gujarat High Court recently dismissed a habeas corpus petition brought by a lady seeking custody of her adult daughter, who was reportedly forced to marry a man of a different faith.

A Bench of Justices Umesh A Trivedi and MK Thakker stated that it was apparent that the petitioner's daughter was a major who had chosen to marry someone of a different faith.

The court observed "It is clear that daughter of the petitioner is major and she has entered into a marriage with a person of different faith. All the documents produced by the petitioner herself is clear to establish that she is major and entered into a marriage, of course with a person of her choice and not the choice of the parents." 

The petitioner claims that her daughter went missing on April 5th , this year, and that a complaint was filed on April 7th .She stated that her daughter had sent her an envelope bearing both her husband's conversion certificate from Islam to Hinduism and their marriage certificate. A notification of intended marriage under the Special Marriage Act was also included in the envelope.

The woman went on to say that the couple had also submitted a letter to the Station House Officer (SHO) in her area, requesting the police not to pursue any complaint that the petitioner or her husband would be filing against the couple.

The Court noted that the petitioner did not reveal the source of the envelope and that the postal stamp on it was illegible. Furthermore, the Court emphasised that there was no evidence that the petitioner's daughter was coerced or forced into the marriage against her will.

It was also stated that the couple had previously jointly requested police protection, citing threats from the petitioner. On May 10, the High Court itself granted them police protection.

After evaluating the case and the facts on file, the Court concluded that it could not conclude that the petitioner's daughter had been taken against her will or was being unlawfully detained. As a result, the Court refused to hear the habeas corpus petition.

The petitioner was represented by Advocate Radhesh Y Vyas while the State of Gujarat was represented by Additional Public Prosecutor CM Shah.


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