The Allahabad High Court coming down heavily on a couples who sought protection is something amiss and can never be considered in a civilized judicial system. The plea made by the Petitioner Wife before the High Court was [if one go by media reports] that she was a Muslim and about a month before her marriage with a Hindu man she changed her religion and as such their marriage was not recognised by their Parents they went to Police and Police failed to give them protection, and they knocked the doors of the Court praying direction to the Police for their well-being.
The Court by perusing the typeset observed that the Petitioner was a Muslim by Faith and married to a Hindu Man just a month before her marriage she therefore does not entitle for any relief from the Court. The Court dismissed her Petition, according to section of the media.
“In fact, faqsonlaw policy is not to touch upon the subject matter dealt in the Judgment and we place our opinion only after we read the Judgment. Since we could not get the copy of the Judgment we prefer to discuss on this Judgment randomly by referring media reports.”
The question before us to ponder is;
Because of inter-religion marriage, a Couples would not get relief from the Court?
When an woman who has crossed 18 years of her age and a man who has completed 21 years are said to be major by our laws then where is the restriction for them to profess or practice religion of their choice or marry a person of their likes? The Court seems to have kept wrong footing on the rights enshrined in the Constitution.
Until recently, similar voices were echoed in Kerala over Love Jihad and obviously a case of similar type had reached the Supreme Court. Literally, we failed to understand, how our Courts view such matter and give even token acceptance by admitting such cases at the first instances. It’s a puzzle!
Whereas in this case, a Muslim Woman married to a Hindu Man after having changing her religion to Hindu. It is quite reasonable to expect in a closed society like ours – as obvious enmity would generate between two religious groups, while on such occasion it was expected of the Police to give protection to the Couples [from life threat] and when they failed in their duty, only efficacious remedy available to the Couples to approach the Court and this was done by them. Unfortunately the Court only found spirit of conversion [that the woman changed her religion to Hindu just 1 month before her marriage] but not her age – that she was a major and unequivocally – legally she has all the rights to exercise her choice over any religion she desires to do so and a person of her like she can marry.
Court by not directing the Police to give protection to the couples but dismissing her Petition [on the grounds of spirit of conversion] has openly acknowledged the law pertaining to majority age and actions that the Petitioner legally derived from such majority age was defeated on the colours of religious conversion. Bad precedent in law.