Hearing a complaint filed by the father of a woman who converted to marry a man of another religion, the Calcutta High Court said that there can be “no interference from anyone if an adult marries as per her choice” and does not want to come to her paternal house.
A 19-year old’s father, a resident of Durgapur village in Nadia, lodged an FIR after learning that her daughter had married a man of a different religion and even converted to go complete the ceremony.
Initially, the father had registered a missing complaint saying that someone had kidnapped her as she did not return home from the bank on September 15th. However, when the police tracked the daughter, he came to know that she had got married a later after she left.
The 44-year-old claimed that his daughter was either lured or forced into the marriage and conversion.
The lawyer representing the Nadia native, Susmita Saha Dutta said, “After his daughter left home saying she was going to the bank and did not return, he lodged an FIR in Murutia police station alleging she had been kidnapped,” said lawyer Susmita Saha Dutta.
Had the marriage got formalized under the Special Marriage Act, 1954, which allows the marriage to be solemnized between two inter-faith people without changing their religion, the father said in the petition, he wouldn’t have raised questions on this. However, she converted, changed her named and got married within 24 hours.
The woman was produced in the court where she told in front of the judicial magistrate that she changed her religion on her own will and got married.
The father did not seem content with it as he moved the HC and argued that the daughter’s statement under 164 CrPC, “may not have been recorded in an atmosphere where she felt comfortable” even after the court noted, “If an adult marries as per her choice and decides to convert and not return to her paternal house, there can be no interference in the matter.”
In order to clear his doubts, the daughter’s statement was recorded again after meeting the senior-most additional district judge of Tehatta. “Sufficient care be taken so that she was not under any coercion or undue influence,” the HC asserted.
The father seemed adamant to stay on his claims despite the furnishing of a “clear and clean report” from the court after the meet. This was due to Ms. Dutta alleging the presence of the girl’s husband within the court premises when she appeared before the district judge.
To further alleviate the apprehensions of the father, the bench consisting of justices Sanjib Banerjee and Arijit Banerjee directed the woman to meet Saibal Bapuli, HC’s additional public prosecutor in the presence of none except the two.
The meet was scheduled at 10.30 am today without anyone accompanying her, not even the husband.
The APP is instructed to give the report pertaining to the meet on Thursday after which the court will hear the matter again.
The UP government earlier brought out a law stating the necessity of the couple to register for getting converted to another religion at least a month before marriage. The increasing cases of so-called ‘love jihad’ led to the move, the government had said, calling it a means to preach one’s religion.
