Interfaith Marriage: Gujarat High Court Rejects Mother's Plea For Custody Of Adult Daughter, Says Not Abducted Or Confined Illegally

The Gujarat High Court dismissed a habeas corpus plea of a woman seeking custody of her adult daughter, who is said to have willingly entered into a marriage with a Muslim man. The man is also stated to have embraced Hindu religion.

The division bench of Justice Umesh A. Trivedi and Justice M. K. Thakker said it is clear that the daughter of the petitioner is major and she has entered into a marriage with a person of different faith.

"All the documents produced by the petitioner herself is clear to establish that she is major and entered into a marriage, of course with a person of her choice and not the choice of the parents," said the court, adding it cannot be concluded that she has been abducted against her will and she is being illegally confined.

The woman had filed a petition for a Writ of Habeas Corpus when her adult daughter allegedly went missing in April. The petition highlighted that certain documents were received at their residence in an envelope, supposedly sent by the daughter herself. These documents included a marriage certificate issued by the Arya Samaj Vaidik Sanskar Trust in Delhi, a conversion certificate indicating the husband's renouncement of Islam and adoption of Hinduism, and a letter addressed to the SHO of Ramol Police Station.

The enclosed letter, addressed to the Station House Officer (SHO) of Ramol Police Station, asserted that the daughter had married the man of her own free will and without any external pressure. The letter also stated that if the parents were to file any false complaints against her, her husband, or her in-laws, they should be considered null and void.

The letter further mentioned that both the daughter of the petitioner and her husband had given notice of their intended marriage under the provisions of the Special Marriage Act, 1954.

Representing the petitioner, Advocate Radhesh Vyas brought to court's attention a document claimed to be received by the petitioner in an envelope. However, the court noted the envelope does not disclose the source. 

"The said communication is also not signed by anyone stating that the corpus xxx was being compelled to get married to a boy of different faith and therefore, it is informed that her life is in danger. However, the said communication is without any contemporaneous record by existing person or any other material based on which it can be believed. Even name of person who is informing is also not mentioned in it," it observed.

The court was also informed that the daughter and her husband had jointly filed a petition seeking police protection, which the court had granted. The petition asserted that the couple, being adults who had entered into an interfaith marriage, had faced threats from the family members of the daughter. The court had granted protection to the couple in that case. 

Case Title: MANISHABEN MUKESHKUMAR DARJI Versus STATE OF GUJARAT R/SPECIAL CRIMINAL APPLICATION NO. 5579 of 2023

Case Citation: 2023 Livelaw (Guj) 107

Appearance:

Click Here To Read/Download Order