- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION No. 1637 OF 2007 Naeem S. Ansari Petitioner Vs. The Sr. Inspector of Police, Respondents Navpada Police Stn.& Ors. Mr. Mubin Solkar Advocate i/b Mr. Amit Jambotkar, Advocate for the petitioner. Mr. P. S. Hingorani, APP for the respondent No.1 & 3. Mr. Navin Chomal, Advocate for the respondent No.2. CORAM : SRI R.M.S. KHANDEPARKAR,& SRI. A.A. SAYED, JJ. DATE : JANUARY 21, 2008. PC : . Heard. By this petition, the petitioner is seeking a Writ of Habeas Corpus with a direction to the respondent No.2 to produce the petitioner’s wife Zeenat @ Chaitali Vasantjee Shah. After hearing advocates for the petitioner and APP, a notice was issued to the respondent No.2 and accordingly on appearance of the respondent No.2, he was heard through advocate, apart from the fact that the petitioner as well as - 2 - concerned female person was also interviewed in chamber. And in the course of hearing, it was revealed that concerned female person claimed to have married with the petitioner, pursuant to her being converted to Islam. The petitioner has also produced the certificate stated to have been issued by the religious institution, confirming about the alleged marriage of the petitioner with the said female person. When the matter came up for hearing on the last date of hearing the concerned female person expressed her desire to go with the petitioner and stay with him as his wife, she had also informed the Court that there was pressure from her parents and family members against continuing her relationship with the petitioner. In the course of hearing, it was revealed through the advocate for the respondent No.2 that he does not want to accept the relationship between the petitioner and the said female person and he does not want to give his consent to said relationship. In the circumstances, we found it appropriate to send the concerned female person to "Asha Sadan" on the last date of hearing and appoint advocate Miss Rebecca - 3 - Gonsalves to record the statement of the concerned female person while she is in "Asha Sadan", in an atmosphere where she could not be pressurized either by the members of the family of her parents or even by the petitioner or his family. Accordingly advocate Miss Rebecca Gonsalves recorded the statement of the concerned female person on 19th January 2008 and the same is produced by her today and it is accordingly taken on record and marked "X" for identification. Perusal of said statement discloses that the female person has reiterated that she on being converted to Islam, has married with the petitioner, she is major in age and she wants to reside with the petitioner. She has also referred to certain threats received by her as well as the petitioner and further that her conversion to Islam as well as her marriage with the petitioner has been out of her free will and without any pressure, coercion from anyone including the petitioner. 2. In the circumstances disclosed from the facts as narrated above and from the records, it is apparent that the concerned - 4 - female person out of her free will and knowing well the consequences, has chosen herself to convert to Islam and has married with the petitioner and has expressed her desire to settle with him, which she is lawfully entitled to. Being so, merely because her parents do not want to consent to her desire to have relationship with the petitioner, that cannot be a justification to permit the parents of the female person including the respondent No.2 to forbid her from joining the petitioner. In the circumstances therefore, the petitioner would be entitled to get the necessary relief in the matter in the form of restraining the respondent No.2 and his family members from causing obstruction to the female person from going to the petitioner and joining or residing with him as his wife. 3. The concerned female person when present before the Court, being produced by the authorities of the "Asha Sadan" with the help of the police, she is permitted to join and go with the petitioner. It is to be noted that considering the circumstances in which the concerned female person wants to join the - 5 - petitioner, obviously it would be the obligation of the petitioner to provide necessary protection and shelter to the concerned female person and in that process if any help is sought from the police authorities, it will be the duty of the police authorities to render necessary assistance and help to the petitioner. Needless to say that in case of any police protection, proper procedure has to be followed, in accordance with the law. At the same time, the respondent No.2 and his family members shall ensure that they would not interfere with the life of the concerned female person and petitioner and allow them to live, in accordance with their choice. 4. Before parting the matter, we would like to place our appreciation for the pains taken by advocate Miss Rebecca Gonsalves for spending her valuable time for recording of statement of the concerned female person, pursuant to the order passed on the last date. We therefore, direct the registry to pay a sum of Rs.2,000/- to advocate Miss Rebecca Gonsalves out of the amount deposited in the - 6 - court by the petitioner and sum of Rs.150/- to be paid to the police authorities, who have been informed to have spend said amount in the process of taking the concerned female person to "Asha Sadan" on the last date of hearing, and the balance amount shall be refunded to the petitioner. 5. The registry to furnish the copies of the statement of the concerned female person to the concerned parties. The authorities of "Asha Sadan" are directed to release the concerned female person forth with. 6. With the above directions, the petition stands disposed of. No order as to cost. Sd/- [ R.M.S. KHANDEPARKAR, J.] Sd/- [ A. A. SAYED,J.]