Muslim man's Jain 'wife' can go back to parents
Counsel appearing for the girl said that there was no compulsion from her family.
New Delhi: Accepting the girl’s statement that she wanted to stay with her parents, the Supreme Court on Monday allowed a Jain girl, who had married a Muslim boy, after his conversion to Hinduism, to return to her parent’s home.
The girl Anjali Jain who was produced before a three Judge Bench of Chief Justice Dipak Misra and Justices A.M. Kanwilkar and D.Y. Chandrachud told the court that she did not want to go back to her husband and would like to stay with parents. To a question from the CJI, the girl admitted to the marriage with the boy but claimed that she was induced into the marriage. She said she wanted to go back to her parents now.
Counsel for the boy, who had appealed against the Chattisgarh High Court order that she be put in a hostel, said the girl was subjected to psychological pressure and was administered certain medicines by her parents. But the court made it clear that since she wanted to go with her parents, it did not want to pass any order against her wish.
In his petition, Arya said that though he had converted to Hinduism from Islam to marry the girl, whom he was in love was under an unlawful custody of her parents. He claimed that the girl’s parents were opposed to the marriage as earlier he was a Muslim. The marriage was solemnised on February 23, 2018 at Arya Samaj temple at Raipur in Chattisgarh. After she visited her parents, she was not allowed to return back to him.
He said on June 30 the girl left her home to join Arya but she was picked up by police on a complaint from her parents. She was later shifted to a woman’s shelter home by police pending disposal of the petition filed by Arya in the high court. The high court allowed her to return to her parent’s home. The present appeal is against this order.
Counsel appearing for the girl said that there was no compulsion from her family. and moreover there was an age gap of over 10 years between the couple. The girl was only 22 years and man about 33 years, he stated. The Bench disposed of the appeal after recording the girl’s statement.