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Delhi High Court grants protection to inter-faith couple, dismisses habeas corpus plea by mother of woman

At the backdrop, the marriage of the couple was solemnized on April 19’2018 according to Muslim rites and customs after the girl converted her religion from Hindu to Muslim on the same day.

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The Delhi High Court on Wednesday granted police protection to an inter-faith couple after they expressed fear of being harmed by the family members of the girl. The Court, on the other hand, has dismissed the habeas corpus plea filed by mother of the girl who converted her religion Hinduism to Islam by her freewill and married to one Nazim seeking release of her daughter from the custody of her husband.

The vacation bench of Justice Subramonium Prasad was hearing two connected pleas, wherein one was filed by the couple seeking protection of their life and liberty and other was filed by the mother of the girl seeking rescue of the girl from possession of the boy.

The Bench observed that the couple are major and have married each other on their own free will, and in this regard, directed the State and the concerned Station House Officer (SHO) to ensure safety and security of the petitioners and that the couple is not threatened  or harmed in any way by the father of the girl and other family members. Pursuant thereto, the Bench bench dismissed the petition filed by the mother of the girl on the ground that the habeas corpus does not survive as the girl joined the court proceedings through her counsel.

At the backdrop, the marriage of the couple was solemnized on April 19’2018 according to Muslim rites and customs after the girl converted her religion from Hindu to Muslim on the same day. The plea averred that after performing the Nikah, the girl went to her parental home so as to convince her family members to accept her marriage. The plea contends that the family members refused to accept their marriage, and after several failed attempts, the girl finally left her parental home on 21.06.2021 to live with boy at her matrimonial home.

Also Read: Allahabad HC summons Hathras district panchayat member, his wife for their separate habeas corpus pleas

The plea further contends that on 22.06.2021, the father and the brother of the girl visited her matrimonial home and threatened the couple of dire consequences. The plea also averred that a complaint was filed by the couple on 23.06.2021 and since then they are being hiding at unknown places. In light of the above, the plea sought direction to the father and other family members of the girl not to interfere in the peaceful married life of the couple and not to harass them in any manner.

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