New Delhi: More than six years after allowing a woman to live with her parents instead of her husband, who belongs to another religious faith, the Supreme Court on Wednesday took note of a fresh plea by the man seeking his wife's release. of her custody and asked a sessions judge to determine whether she now wanted to live with him.
The interfaith marriage dispute had reached the apex court in 2018 when petitioner Mohammad Danish approached him asking him to release his then 20-year-old wife from the custody of her parents.
A court headed by then Chief Justice Dipak Misra had on May 17, 2018, allowed the woman to return to her parents, who claimed that the 'nikahnama' provided by Danish was fake and that he had kidnapped the woman. her daughter
The judges, after interacting with the woman, allowed her to live with her parents, saying that as an adult she was "free" to lead her life as she wished.
The woman then expressed her desire to go with her parents to Haldwani district in Uttarakhand. The high court had decided the habeas corpus petition filed by Danish to produce his wife without touching the aspect of her marriage and her 'nkahnama'.
"After making some inquiries, we found that she is clear-minded and intends to stay with her parents. In view of the above, the habeas corpus petition filed by the petitioner stands dismissed," the court had said.
On Wednesday, a vacation bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah took note of the fresh plea filed by Danish alleging that his wife now wanted to return to him.
“Considering this, we direct the First Additional Sessions Judge Haldwani to visit the spot and record her statement,” the court said and directed the state administration to assist the judicial officer in carrying out its orders.
The court asked the judicial officer to record the statement within two weeks and submit a report. The issue will be addressed a week later.
The woman's parents, who accompanied her to the courtroom in May 2018, alleged that her alleged husband had kidnapped her and executed a "fake" nikahnama (marriage contract).
The Uttarakhand government's lawyer then told the court that the nikahnama and the marriage certificate were fake. He stated that this was a clear case of kidnapping and Danish's petition should be dismissed.
The Uttarakhand police arrested the Delhi couple in 2018 after lodging an FIR for alleged kidnapping following a complaint from the woman's parents.
Danish then filed a petition in court to reunite with his wife, alleging that he was arrested by the police and imprisoned in Haldwani jail for the alleged kidnapping of his wife, a Hindu girl, who had later converted to Islam for of his own free will and had adopted a different name. .
His petition said that both of them hailed from Haldwani district and were pursuing Bachelor of Business Administration in Bheemtal town, where they fell in love.
Danish had claimed that since his parents were against their relationship, they got married in Ghaziabad according to Islamic rituals and customs.
The interfaith marriage dispute had reached the apex court in 2018 when petitioner Mohammad Danish approached him asking him to release his then 20-year-old wife from the custody of her parents.
A court headed by then Chief Justice Dipak Misra had on May 17, 2018, allowed the woman to return to her parents, who claimed that the 'nikahnama' provided by Danish was fake and that he had kidnapped the woman. her daughter
The judges, after interacting with the woman, allowed her to live with her parents, saying that as an adult she was "free" to lead her life as she wished.
The woman then expressed her desire to go with her parents to Haldwani district in Uttarakhand. The high court had decided the habeas corpus petition filed by Danish to produce his wife without touching the aspect of her marriage and her 'nkahnama'.
"After making some inquiries, we found that she is clear-minded and intends to stay with her parents. In view of the above, the habeas corpus petition filed by the petitioner stands dismissed," the court had said.
On Wednesday, a vacation bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah took note of the fresh plea filed by Danish alleging that his wife now wanted to return to him.
“Considering this, we direct the First Additional Sessions Judge Haldwani to visit the spot and record her statement,” the court said and directed the state administration to assist the judicial officer in carrying out its orders.
The court asked the judicial officer to record the statement within two weeks and submit a report. The issue will be addressed a week later.
The woman's parents, who accompanied her to the courtroom in May 2018, alleged that her alleged husband had kidnapped her and executed a "fake" nikahnama (marriage contract).
The Uttarakhand government's lawyer then told the court that the nikahnama and the marriage certificate were fake. He stated that this was a clear case of kidnapping and Danish's petition should be dismissed.
The Uttarakhand police arrested the Delhi couple in 2018 after lodging an FIR for alleged kidnapping following a complaint from the woman's parents.
Danish then filed a petition in court to reunite with his wife, alleging that he was arrested by the police and imprisoned in Haldwani jail for the alleged kidnapping of his wife, a Hindu girl, who had later converted to Islam for of his own free will and had adopted a different name. .
His petition said that both of them hailed from Haldwani district and were pursuing Bachelor of Business Administration in Bheemtal town, where they fell in love.
Danish had claimed that since his parents were against their relationship, they got married in Ghaziabad according to Islamic rituals and customs.
