Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Background

In the present case, a 19-year-old woman converted her religion to marry a man belonging to a different faith.

The police had produced the woman before a judicial magistrate on an FIR filed by the father.

The woman stated before the magistrate that she had married on her own will.

The father of the woman had filed a plea alleging that she has been unduly influenced and her statement before the magistrate may not have been recorded in a comfortable atmosphere.

Upon the complaint, the High Court had directed that the woman would meet senior-most additional district judge in Tehatta. The High Court had also directed that sufficient care was to be taken to ensure that the woman was not under coercion or undue influence.

The petitioners lawyer contended that the husband was present within the court premises when the woman appeared before the judge.

High Court's observation

The High Court noted that the father still harbours some suspicion even though a clear and clean report has been furnished by the additional district judge.

The court observed that, "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,"

The Bench of Justice Sanjib Banerjee and Justice Arijit Banerjee in order to ally the father’s suspicion directed that the woman will meet additional public prosecutor Saibal Bapuli in his chamber on 23rd December and no one should be present there at that time including her husband.

The court has also ordered Mr. Bapuli to file a short report when the matter appears before the court on 24th December.

What are your views on High Court’s observation? Let us know in the comment section below.

"Loved reading this piece by Neha Mantri?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"




Tags :

  Views  77  Report



Comments
img