Protection Plea-Woman Converts To Islam To Marry Muslim Man :Allahabad High Court Directs Man To Deposit Rs. 3 Lakh In Her Name

The Bench of Justice Saral Srivastava was hearing the plea of petitioners (Woman-Man) who sought a direction upon the respondents, not to interfere in their married life and also for protection of their lives and liberty.

Claims of the Petitioners

The petitioners claimed before the Court that they are adults and are living together out of their own freewill.

It was stated before the Court that Petitioner no. 1 (Woman) decided to follow the Muslim religion and as such, she converted herself to being Muslim and after conversion, the Woman solemnized marriage with petitioner no. 2 (Muslim Man).

Further, they contended before the Court that for the said reason, respondent no. 4 and his other family members have got annoyed and there is serious danger to the lives of the petitioners as they are being threatened and harassed.

In support of their age, while the Woman submitted her High School Marks Sheet, the Man submitted his Aadhar Card. Having perused the documents, the Court found that both the petitioners are major.

Court's Order

Noting that "where the two individuals having attained the age of majority, are living together, nobody is entitled to interfere in their peaceful life", the Court issued direction to respondent no. 2, i.e., Superintendent of Police, Bijnor to look into the grievance of the petitioners and provide protection, if necessary.

The matter has been posted for further hearing on 08.02.2021 and by which date, the Man has been asked to present before the Court, a Fixed Deposit receipt of Rs. 3,00,000/- in favour of the Woman.

Related news

The UP Government on Thursday (07^th January) filed a counter affidavit in response to a batch of PILs challenging its controversial Love-Jihad Ordinance.

In its reply, the Government has claimed that the Ordinance is aimed at preventing any form of unlawful conversion actuated by elements of misrepresentation, force, undue influence, coercion, allurement, etc.

"The Constitution of India abhors any form of forceful conversion particularly in matters of religion. Being a secular State, it becomes the foremost duty of the State to protect its citizens from any kind of unlawful or forceful conversion so that the liberty of thought, faith, belief and worship as well as equality of status stands safeguarded thereby assuring the dignity of the individuals," the Government submitted.

The Government has also stated that the recent Division Bench judgment of the High Court in the Salamat Ansari case needs to reconsidered as "it has not dealt with the question relating to inter-fundamental right and intra-fundamental rights as it has also skipped the attention of the Hon'ble Division Bench as to what will be the scope of liberty of an individual qua the societal interest."

[NOTE: In Salamat Ansari case, the High Court had held that "Right to live with a person of his/her choice irrespective of religion professed by them, is intrinsic to right to life and personal liberty."]

It may be noted that on December 18, 2020, a Chief Justice led Division Bench of the High Court issued notices on a batch of PILs challenging the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020, and had asked the UP Government to file a counter affidavit by January 4.

Recently, the High Court stayed the arrest of a man, Nadeem, booked by the UP Police under the said law.

Allahabad High Court Stays Arrest Of Man Booked Under UP Ordinance Against Religious Conversion For Marriage

A Division Bench comprising of Justices Pankaj Naqvi and Vivek Agarwal asked the UP Police to not take any coercive action against the accused in this case until the next date of hearing. The Court said,

"Victim is admittedly an adult who understands her well-being. She as well as the petitioner have a fundamental right to privacy and being grown up adults who are aware of the consequences of their alleged relationship."

Case Title - Smt. Shaista Parveen Alias Sangeeta And Another v. State Of U.P. And 3 Others [WRIT - C No. - 27234 of 2020]

Click here to Download the Order

[Read Order]