No moral policing allowed when two adults decide to stay together : Madhya Pradesh High Court

The High Court Of Madhya Pradesh The High Court Of Madhya Pradesh WP No. 17122 GULJAR KHAN Vs THE STATE OF MADHYA PRADESH AND OTHERS Jabalpur Dated : 28 01 2022 Heard through Video Conferencing Shri S.K. Raghuwanshi learned counsel for the petitioner Smt. Priyanka Mishra learned Government Advocate for Corpus Arti Sahu present through video conferencing Petitioner Guljar Khan is present in the Court premises This petition by way of habeas corpus has been filed by petitioner Gulzar Khan who is alleging that he has married the corpus at BMA Maharashtraand the corpus had willingly converted to Islam. It is alleged that the parents of the corpus i.e. respondents No.6 and 7 have forcibly taken her to Banaras and have illegally detained her there As per the direction of this Court the corpus has been produced before this Court through video conferencing through the Office of the Advocates General. The corpus who is 19 years old has stated before the Court that she had willingly married the present petitioner and converted to Islam. She has made a categorical statement that she was never forced into conversion and whatever she has done was as per her own wishes. She has further stated that her parents and her grand parents have forcibly taken her to Banaras where she was beaten up and threatened constantly to give statement against the petitioner. She has further stated that she wants to go with the petitioner as she has willingly married him. Learned counsel for the State has raised an objection in view of the Madhya Pradesh Freedom of Religion Act 2021 (in short for the Act of 2021 ). It is vehemently argued that any marriage performed in contravention of Section 3 of the Act of 2021 shall be deemed null and void. It is pointed out that Section 3 of the Act of 2021 provides that no person shall convert for the purpose of marriage and any conversion in contravention of this provision shall be deemed null and void. It is stated that in view of Section 3 read with Section 6 of the Act of 2021 the marriage of the petitioner with the corpus is null and void Be that as it may the petitioner and corpus both are major. No moral policing can be allowed in such matters where the two major persons are willing to stay together whether by way of marriage or in a live in relationship when the party to that arrangement is doing it willingly and not forced into it. The corpus before this Court has clearly stated that she had married the petitioner and wants to stay with him. The corpus is major person. Her age is not disputed by any of the parties. The Constitution gives a right to every major citizen of this country to live her or his life as per her or his own wishes. Under the circumstances the objection raised by the counsel for the State and her prayer to send the corpus to Nari Niketan is rejected Under the circumstances counsel for the State and the police authorities who have produced the corpus are directed to handover the corpus to the petitioner and to see that the petitioner and the corpus reached their house safely. The police authorities are also directed to see that in future also the corpus and the petitioner are not threatened by the parents of the With the aforesaid directions the petition stands disposed of Certified copy e copy as per rules directions

Summary: Moral policing cannot be allowed in a case where married major couples were forcibly separated by parents was considered by the bench of High Court of Madhya Pradesh consisting of JUSTICE NANDITA DUBEY in the matters between Guljar Khan v. State of Madhya Pradesh and Others (WP No. 1714 of 2022). Brief facts of the case are the plaintiff-husband married his wife with her consent after voluntarily choosing Islam. State’s alleged that the marriage violated the Madhya Pradesh Religious Freedom (MPFR) Act 2021 and therefore the woman should be sent to Nari Niketan. Presently, Guljar Khan, moved a Habeas Corpus petition to the court seeking orders for release of his wife, who was forcibly taken to Banaras by her parents and detained there illegally. The counsel for petitioner contended that the woman had voluntarily married the petitioner and had never been forced to convert and that whatever she did was according to her wishes. His family and grandparents forcibly took him to Banaras, where he was beaten and repeatedly threatened with statements against her husband and  she wanted to go with him as she had married her husband willingly. The counsel for respondent objected that their marriage would be considered null and void as the marriage took place in violation of the Madhya Pradesh Religious Freedom (MPFR) Act 2021, as per section 3 of which, no one may convert for the purpose of marriage and any conversion contrary to this provision will be deemed null and void, so the petitioner’s marriage must be declared null and void. The Madhya Pradesh High Court held that the Constitution gives every adult citizen of this country the right to live his life as he wishes. No moral policing can be done in matters where two great individuals are willing to stay together. whether by marriage or in an ongoing relationship, the party to this arrangement does so willingly and without coercion. The court found that both the applicant and her husband were older, and that the age of the woman in the case was not disputed by either party. Therefore, the court ordered the relevant authorities to hand over his wife to the plaintiff and ensure that the plaintiff-husband and wife reached their home safely and instructed the police to make sure they are not threatened by the spouse’s parents.