Muslim Girl's Religion Allegedly Converted By Arya Samaj Trust: MP High Court Issues Notice As State Calls It 'Serious' Issue

The Madhya Pradesh High Court (Gwalior Bench) recently issued a notice to the Arya Samaj Vivah Mandir Trust in a matter wherein a Muslim girl's religion was allegedly converted to Hinduism in an Arya Samaj temple.

The Bench of Justice Rohit Arya and Justice Rajeev Kumar Shrivastava has sought the presence of the Priest/Manager of the Trust before the Court as the state argued that the matter of religious conversion in an Arya Samaj Mandir is a 'serious' issue.

The background of the Case

Essentially, one Rahul @ Golu moved the High Court with a Habeas Corpus plea alleging that his wife, one Hina has been illegally confined by Police Authorities in a Nari Sudhar Grah in Morena, and thus, he prayed that his wife be released from the said Grah.

The petitioner claimed that they both (Hina and himself) had a relationship and after running away from their home, they married each other and for this purpose, Hina even converted her religion from Muslim to Hinduism.

To prove his claim, the petitioner/husband submitted a conversion certificate and marriage certificate issued by the Arya Samaj Sammelan Trust Ghaziabad (UP) on 17.09.2019.

Further, the plea stated that since Hina ran away from her home as her parents were against their marriage, therefore, her parents got registered a missing complaint and an FIR was lodged in the matter under Sections 363, 366, 376 of IPC 1860 and under Sections 5 & 6 of the POSCO Act.

In connection with this case, in August 2021, her wife, Hina gave her statement before the police authority, and thereafter, before the Judicial Magistrate, wherein she showed her willingness to reside with the petitioner and his family.

However, as per the Habeas plea, despite her inclination to live with the petitioner, she was sent to the Nari Niketan Sudhar Grah in September 2021 and thereafter, to Nari Sudhar Grah in Morena even though she was not a minor on the date of their marriage in Arya Samaj Temple.

Against this backdrop, moving to the Court, the Petitioner alleged that his wife is presently in the illegal confinement of the police authorities and prayed for the production of his wife (corpus) before the High Court.

Court's proceedings

On January 10, 2022, the Counsel for the petitioner had sought time to implead Arya Samaj Vivah claiming it to be a necessary party, however, on January 18, 2022, he prayed for the withdrawal of the petition.

To this, the Additional Advocate General submitted that in the instant case, the so-called Arya Samaj Vivah Mandir Trust, had converted the religion of a girl of Muslim Community named Hina Khan, even though such kind of activities are not carried out in temples.

Therefore, calling it a serious matter, he prayed that the petitioner may not be allowed to withdraw this petition, and instead, the Court should invoke suo motu jurisdiction and issue notice to the so-called Arya Samaj Vivah Mandir Trust.

Acceding to the prayer of the Additional Advocate General, appearing for the state, the Court issued the following order:

"Office is directed to issue notice to Arya Samaj Vivah Mandir Trust (Regd.) Office: Shop No.5 & 10, K-Block Market, Kavi Nagar, Ghaziabad (U.P.) by registered post with a note that Priest/Manager of the said Mandir shall remain present in person or through an Advocate on the date mentioned in the notice. Let notice be made returnable within a period of four weeks"

Case title - RAHUL ALIAS GOLU v. THE STATE OF MADHYA PRADESH AND OTHERS

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