Not Abducted Against Will: Gujarat HC Rejects Plea Of Mother Alleging Forceful Marriage Of Daughter With Man Of Different Religion
|The Gujarat High Court has rejected the plea filed by a mother who claimed that her daughter was forcefully married to a man of a different religion. The Court said that her daughter was major and not abducted against her will.
A Division Bench comprising Justice Umesh A. Trivedi and Justice M.K. Thakker observed, “… it is clear that daughter of the petitioner is major and she has entered into a marriage with a person of different faith. … On the overall view of this case and the papers annexed with the petition, it cannot be concluded that she has been abducted against her will and she is being illegally confined.”
Advocate Radhesh Y. Vyas appeared on behalf of the petitioner while Addl. Public Prosecutor C.M. Shah appeared on behalf of the State.
In this case, a petition was filed by a mother praying for a writ of habeas corpus as her major daughter went missing in April 2023 and then information was given to Police Station which came to be registered two days later. It was averred in the petition along with the documents produced that at their address certain documents were sent in an envelope claimed to be sent by her daughter which contained a certificate of marriage performed at Araya Samaj Vaidik Sanskar Trust, Delhi, conversion certificate of Shudhdhikaran whereby Mansuri Adilbhai Mustakbhai was said to have renounced Islam and embraced Hindu Religion without any force, pressure, inducement or influence, etc.
It also contained the letter addressed to SHO, Ramol Police Station, Ahmedabad wherein corpus claimed to have declared that she had already married out of her free will and choice without any force or coercion. She also mentioned in the said communication that her date of birth was July 25, 2002, and stated to be major and that if her parents file any false complaint against her or her husband or in-laws, it may be treated to be null and void and no action be taken on the same. It further contained she also gave notice of intended marriage under the Special Marriage Act, 1954.
The High Court in the above context noted, “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.”
Accordingly, the Court rejected the plea.
Cause Title- Manishaben Mukeshkumar Darji v. State of Gujarat