Jabalpur: The Madhya Pradesh High Court has said that if two adults want to live together through marriage or live-in-relationship, then no one can be allowed to do ‘moral policing’. A single bench of Justice Nandita Dubey made the observation on January 28 while disposing of the habeas corpus petition of Gulzar Khan, a resident of Jabalpur.
In the petition, Khan had said that he had married Aarti Sahu (19) in Maharashtra and Sahu had voluntarily converted to Islam. Khan alleged that Sahu was forcibly taken to Varanasi by his parents and kept in illegal custody. Aarti Sahu was produced in the court on January 28 through video conferencing from the Advocate General’s office.
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The court noted the fact that the state has raised objections in view of the provisions of the Madhya Pradesh Religious Freedom Act 2021. During the hearing, the government strongly argued that any marriage solemnized in violation of Section 3 of the MP Freedom of Religion Act will be considered void and void.
According to Section 3 of the MP Religious Freedom Act, no person shall convert or attempt to convert or cause to be converted any other person by use of force, undue influence, coercive marriage or any fraud. The court said that no moral policing can be allowed in cases in which two adults of their own free will want to live together through marriage or live-in-relationship without any coercion.
The court observed that the woman has categorically stated that she is married to the petitioner and wants to live with him. He (Sahu) is an adult and his age is not disputed by any of the parties. The court said that the Constitution gives the right to every prominent citizen of this country to live his life as per his or her wish.
The court said that in view of these circumstances, the objections of the public prosecutor and the appeal to send this girl to Nari Niketan are dismissed. It also directed the government and police officials to hand over the woman to her husband and ensure that both reach their homes safely.
The court also directed the police officers to ensure that in future also the woman and her husband do not face any kind of threat from their parents.