Friday, January 27, 2023

Allahabad High Court orders Muslim father to release daughter who has married a Hindu

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Prayagraj (ILNS): The Allahabad High Court has ordered a girl named Sheeba, who had accepted Hinduism and changed her name to Shikha to marry a Hindu man named Rohit Rathore, to be freed from the confinement of her father and brother. The court ordered that she should be housed at Nari Niketan, Kanpur Nagar instead. This was to ensure her safety.

Justice JJ Munir’s order came after Shikha and her husband Rohit had filed a habeas corpus petition.

Rohit has stated in the petition that there is a life threat to his wife. He said that though both are adults the police have caught Shikha and handed her over to her father Mukhtar Ali where she has been living as a ‘hostage’.

The two got married as per Hindu rites at the Arya Samaj temple in Rawatpur Gaon. Their marriage was duly registered under the UP Marriage Registration Rules, 2017 on July 9 at the office of the Marriage Registration Office in Kanpur.

Shikha’s father Mukhtar Ali has lodged a case of abduction at Bilhaur Police Station.

In a statement recorded before the Magistrate under Section 164 Cr.P.C. Shikha has said that she wants to remain married to Rohit and wants to stay with him. She has declared that no one has taken her away by blandishment and that Rohit has not done anything contrary to her wish by force.

The petition alleges that the SHO of Kanpur Nagar, P.S. Bilhaur, connived with her father to hand over Shikha to him. Since then she is in illegal confinement of her father and brother. She has requested Rohit to rescue her. It is averred that it is on her instruction received over telephone that Rohit has moved this petition.

The counsel for the petitioner had asked the court to intervene as this is required to rescue detenu’s life and prevent her from becoming a victim of honour killing .

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The Court order said:

“The Senior Superintendent of Police, Kanpur Nagar is ordered to forthwith take out Shikha alias Sheeba from the custody of Imran Hasan, son of Mukhtar Ali and Mukhtar Ali son of Maqbool Ali and others, and house her at the Nari Niketan, Kanpur Nagar in safety and security, until time that she is produced before this Court…”

The Court has directed to provide security to the Petitioner and to follow the COVID-19 rules.

The next hearing of this matter is listed for October 12 at 2pm.


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