Justice Nandita Dubey, Judge High court of Madhya Pradesh made the remarks while hearing a hebeas corpus petition filed by Gulzar Khan,a resident of Jabalpur.If two adult person are willing to live together through marriage or live in relation.Then no moral policing can be allowed.
According to the case, the petitioner said that he had married a girl named Aarti Sahoo on 28 December 2021 in Maharashtra And he had voluntarily converted in Islam. The petitioner had alleged that Aarti Sahoo was forcibly taken to Varanasi by her family members and illegally kept in custody. Aarti Sahoo was produced in the High court through video conferencing from the Advocate General's office on 28 January 2022. Aarti Sahoo told the court that she married the petitioner and converted to religion voluntarily. And she wants to stay with the petitioner. The State government's counsel raised the objection, referring to the provision of the Madhya Pradesh freedom of Religion Act,2021. The State counsel said that marriage was in violation of the Madhya Pradesh freedom of Religion Act . Counsel said that as per Section 3 of the Act, no person shall be convrt for the purpose of marriage and any conversion in contravention to this provision shall be deemed null and void.
After hearing both the sides, the court said that no moral policing can be allowed in such cases. When two adult persons are willing to be together. And there is no coercion in it. The court further observed that the girl has clearly stated that she wants to live with petitioner. She is adult person and there is no dispute regarding her age also. The remarked that the constitution give every adult citizen of this country the right to live life as he wishes. The court rejected the objection raised by the state's counsel and her request to send Aarti Sahoo to Nari Niketan. The court also directed the state and police officials to hand over the girl to her husband and ensure that both reach their home.
Tags
hebeas corpus
Hindu girl
M.P. Freedom of religion Act
M.P.High court
marriage
moral policing
muslim boy