NEWS: No interference in the marriage and conversion of inter-faith couples: Cal HC

By Legal Wires 3 Minutes Read

On 21st December the Calcutta High Court has ruled that no interference will be accepted if an adult woman marries according to her choice and decides to convert to another religion. The Division bench of Justice Sanjib Banerjee and Justice Arijit Banerjee said that any adult woman can marry and convert to another religion as per her choice and whether she decides to return to her paternal home or not, depends on her will and no person can infringe on her right to personal liberty and privacy.

The case concerned a complaint by the father alleging that his daughter, Pallabi Sarkar, aged 19 years had gone missing on September 15, 2020. On December 7, 2020, the officer in charge of Murutia Police station filed a report according to which a man Asmaul Shaikh had married Pallabi Sarkar, the daughter of the petitioner. A copy of statement rendered by Pallabi on September 16, 2020 before the Judicial Magistrate, Tehatta under Section 164 of CrPc was also contained in the report alluding that Pallabi was living in a relationship with Asmaul in accordance to her choice.

The petitioner responded that he was in court of the Joint Magistrate at the time his daughter was giving her statement and was not allowed to meet her and claimed that her daughter made her statement against her will. At this the court ordered that Pallabi be brought before the senior most additional district judge stationed at Tehatta and the petitioner also be present there before the judge and also allowed the father to interact with her daughter. Negating any element of coercion or threat, the court ruled in favor of the right of personal liberty of Pallabi Sarkar (now Ayesha Khatun) and her husband.

This verdict of Calcutta high court has come in the backdrop of the recent cases controversial UP ‘Love Jihad’ Ordinance and malicious prosecution and harassment of inter-religion marriages by the government authorities and fringe elements.

Legal Wires

Team @LegalWires

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