New Delhi : The Supreme Court today allowed a 20-year old woman to live with her parents instead of her alleged husband, saying being a major, she was “free” to lead her life as per her wish.
A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud took the decision after interacting with the woman, who expressed her desire to go with her parents residing in Haldwani district of Uttarakhand.
However, it did not touch the aspect of their marriage.
The top court disposed of a habeas corpus petition filed by 23-year-old Mohammad Danish seeking that his wife be freed from the custody of her parents.
“After we made some queries, we find that she has a clear mind and intends to stay with her parents. In view of the aforesaid, the habeas corpus petition filed by the petitioner shall stands disposed of,” the bench said, without touching the aspect of marriage.
During the hearing, the bench asked the woman with whom she wanted to go and what did she want to be.
“You are a major and as per law, you are free to lead your life as per your wish. You can go wherever you want to go. Now tell us with whom you want to live,” the bench asked the woman.
The woman replied that she was a commerce graduate who wanted to be an entrepreneur and wished to go with her parents.
The parents of the woman, who accompanied her to the courtroom, said her so-called husband had allegedly kidnapped her and a “fake” nikahnama (marriage contract) was executed by him.
Deputy Advocate General Manoj Gaurkella, appearing for the state government, told the court that the nikahnama and the marriage certificate were fake.
He claimed it was a clear case of abduction and the petition of Danish should be dismissed.
Source : The New Indian Express
Uttarakhand man Mohammad Danish wants wife ‘freed’ from parents
The Supreme Court has asked the Uttarakhand Police to produce in the court on Wednesday a 20-year-old woman who converted to Islam to marry after her husband sought her “release” from her parents’ custody.
Requesting the court to reunite him with his wife, 23-year-old Mohammad Danish on Monday told a bench-led by Chief Justice of India Dipak Misra that he was arrested for the abduction of his wife, Aisha alias Shweta Bhist, and was lodged in the Haldwani jail since April 20.
“We want to talk to the girl and know what she wants. Does she want to stay with her parents or otherwise,” CJI Misra said, ordering Aisha be in the court on Wednesday.
Danish and Aisha, who both hail from Haldwani, were pursuing bachelors in business administration in Bheemtal when they fell in love.
Aisha’s parents were opposed to the relationship so they eloped and got married in Delhi on April 19 as per Islamic customs, the petition says.
Bisht took the name Aisha after converting to Islam of her own free will and they got the marriage registered in Ghaziabad, it says.
Her parents lodged an abduction complaint against Danish and the Uttarakhand Police arrested the couple from Delhi the next day.
The Uttrakhand government rubbished Danish’s petition. “The marriage certificate and the nikahnama are fake and it is a case of abduction,” deputy advocate general Manoj Gorkela said.
Danish said apprehending trouble, Aisha had emailed an affidavit to inspector general of police and Nanital senior superintendent of police informing them of her marriage and conversion.
Source : Hindustan Times