Shivani Gadhavi
Published On: January 28, 2022 at 17:17 IST
The Gujarat High Court on January 20, 2022 passed an Order granting relief to a woman who got married to a man from different religion. The High Court also granted Protection to the couple in case parents of the girl take any kind of action against the couple.
The Case is pertaining to a Habeas Corpus Petition filed by the husband of the woman. The Petitioner Hamim Habibbhai Khambhati had filed the Writ Habeas Corpus requesting the Custody of his wife.
The Petition had stated that the he had gotten married to the woman under the Special Marriage Act as they both belong to different religions. The Petitioner mentioned that no one was forced to convert their religions and that the Marriage is Inter-Religious. The Petitioner Alleged that the parents of his wife were not happy with the Inter-Religious Marriage and hence by filing a False Complaint, thereby Illegally took the Custody of the wife from the Petitioner.
The Gujarat High Court had earlier on January 3, 2022 in this regard issued a Notice to the Respondents (parents of the woman). On January 12, 2022 the High Court was informed by the Petitioner and his wife that both have united and are residing happily with the parents of the Petitioner.
However, on January 20, 2022 the woman informed the Court that she wishes to continue her education and therefore needs her books which are present with her parents. Upon hearing the aforementioned wishes, the parents (Respondents) overreacted and expressed utter shock.
The High Court consisting of Justices Sonia Gokani and Mauna Bhatt stated that “Noticing the overreaction of the parents, it appears that the step taken by the Corpus has given them a major shock and her parents are unable to accept the Inter-Religious Marriage. However, they cannot be permitted to Misbehave even during the video conferencing.”
The Gujarat High Court Bench also Ordered the Superintendent of Police of the area where the Corpus resides currently, to provide Protection to the Corpus and her husband whenever needed. The Court thereby, disposed off the matter.
Also read: Gujarat Freedom of Religion (Amendment) Act, 2021