Interfaith marriage: SC directive to judge on man’s plea
New Delhi, July 3
More than six years after it allowed a woman from Uttarakhand to live with her parents who claimed their daughter was abducted, the Supreme Court on Wednesday asked a Sessions Judge to ascertain if she wanted to live with the man claiming to be her husband.
The order came from a Vacation Bench of Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah on a fresh petition by Mohammad Danish seeking a direction to free his wife from the custody of her parents.
Earlier, a Bench headed by then Chief Justice of India Dipak Misra had on May 17, 2018, allowed the woman to go back to her parents, who alleged the “nikahnama” furnished by Danish was fake and that the petitioner had abducted their daughter.
After interacting with the woman, the top court had allowed her to live with her parents, saying being an adult she was “free” to lead her life as per her wish. The woman had then expressed her desire to go with her parents in Haldwani district of Uttarakhand. The court then disposed of the habeas corpus petition filed by Danish to produce his wife without delving into their marriage and “nikahnama”.
“After we made some queries, we found 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 stand disposed of,” the Bench had said.
However, taking note of the fresh plea filed by Danish claiming his wife now wanted to come back to him, the top court on Wednesday directed the First Additional Sessions Judge, Haldwani to visit the place and record her statement within two weeks and file a report.
The matter would be taken up for hearing a week after filing of the report.
‘Ascertain if she wants to go back to him’
- In 2018, the SC allowed the woman to go back to her parents; now, her husband Danish has moved the apex court saying the woman wants to come back to him
- A Haldwani judge has been told by the SC to ascertain if the woman wants to go back to him, and file a report
