Inter-Faith Marriage- Gujarat HC Directs Police To Escort Woman To Ahmedabad To Register Marriage, Questions Police For Calling Her To Police Station After Sunset

The Bench of Justice Sonia Gokani and Justice Sangeeta K. Vishen was hearing the Habeas Corpus plea of one Samirkhan Faizullahkhan Pathan seeking production of his partner, the LRD trainee, before the court.

The Petitioner also sought direction to solemnize the marriage of the petitioner with the Corpus before the expiry of three months of the notice given under Section 5 of the Special Marriages Act.

It was submitted before the Court that the petitioner and the corpus had earlier conveyed a notice in connection with their intended marriage under the Special Marriages Act to the marriage officer of Ahmedabad.

[NOTE: As per Section 5 of Special Marriages Act, when a marriage is intended to be solemnized under the Act, the parties to the marriage are required to forward notice thereof to the marriage officer. The same was sent by the Couple in November 2020.

Also, under Section 14 of the Special Marriages Act, a fresh notice is required to be issued if a marriage is not solemnised within a span of three months from the date of the issuance of the notice to the marriage officer.]

The Statement of the Corpus

According to the corpus, she is presently at the Training Centre, Junagadh, after having been transferred from LRD Training Centre, Gomtipur.

She also narrated, as to how, she was called at the Karanj Police Station at 08:00 pm with the petitioner and was allowed to go, in the early morning, at about 03:00 am.

She further stated that she is keen to marry the petitioner and according to her, it was the resistance on the part of her family, which has the support of the community, she is unable to do so.

She further requested the Court to permit her to travel to Ahmedabad on Tuesday (09^th February) since it is the last date for registering the marriage under the Special Marriage Act.

Court's directions

Having heard the Advocates on both the sides, the Court asked the APP to inquire about the availability of PSI to accompany the corpus to Ahmedabad on Tuesday and she ensured that all possible cooperation, including the arrangements for traveling in an official vehicle, in wake of some of the averments made in the petition, itself.

Noticing that this is an inter-religion marriage, the Court issued following directions/orders:-

• A lady PSI to accompany the corpus to Ahmedabad, along with an employee of the District Legal Services Authority.
• Let her leave be sanctioned for the said purpose. Learned PDJ, Junagadh, to ensure due execution of arrangements from Junagadh.
• The report of the sub-Registrar of registration of marriage and affidavit of PSI, Karanj Police Station, shall be tendered before this Court, explaining as to why the corpus was called at the police station after sunset for recording her statement, on the next date.
• APP shall ascertain the reason of precluding the corpus to have any communication through cell phone, while undergoing training at the Training Centre, Junagadh, when, the same is permitted, during post-training hours for other trainees and the same shall be conveyed to the Court.
• The APP shall ensure that the DCP, Zone-2, shall avail necessary protection to the couple, during the entire process of registration of marriage and thereafter.

In related news, while underlining that the facts (of the case) are quite glaring and also shocking and ordering the release of an interfaith couple from the Custody of cops, the Gujarat High Court last month quashed and set aside the order of Remand (dated 18^th January 2021) passed by the Magistrate qua the corpus Nisar khan (Husband).

The Court was hearing a habeas corpus plea filed by the brother of the husband, Nisarkhan Jitubhai Ghasura, stating that the latter was illegally detained and remanded to police custody, following his recent marriage to his 29-year-old childhood friend from another community.

The Bench of Justice Sonia Gokani & Justice Sangeeta K. Vishen directed the Range IG concerned to inquire into the matter, more particularly, considering the conduct of Respondent Nos. 5 and 6 (cops), in whose custody, the couple has been detained for all these days, and report to the DIG.

While conducting such inquiry, the Range IG has been directed to bear in mind that this is the case, where, the undue fervor is shown, on account of this being an inter-religion marriage.

Case title - Samirkhan Faizullahkhan Pathan v. State Of Gujarat [Special Criminal Application No. 1404 of 2021]

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