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Inter-Religious Marriage: Gujarat High Court Grants Relief To Couple, Girl's Parents Told Not To Misbehave

Sparsh Upadhyay
28 Jan 2022 5:29 AM GMT
Inter-Religious Marriage: Gujarat High Court Grants Relief To Couple, Girls Parents Told Not To Misbehave
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The Gujarat High Court recently granted relief to an interfaith married couple, and sternly asked the parents of the girl, who are opposed to the inter faith marriage and their relationship, not to misbehave.The Bench of Justice Sonia Gokani and Justice Mauna M. Bhatt was hearing the Habeas Corpus plea by one Hamim Habibbhai Khambhati who filed a writ of habeas corpus...

The Gujarat High Court recently granted relief to an interfaith married couple, and sternly asked the parents of the girl, who are opposed to the inter faith marriage and their relationship, not to misbehave.

The Bench of Justice Sonia Gokani and Justice Mauna M. Bhatt was hearing the Habeas Corpus plea by one Hamim Habibbhai Khambhati who filed a writ of habeas corpus for production of his wife with whom he got married under the Special Marriage Act.

In his plea, Khambati informed the Court he and his wife belong to different religions, however, there was no conversion on either side. According to him, under the pretext of false complaint given by parents who are not happy with the marriage, the custody of the wife had been illegally taken away.

Hearing the matter on January, 3 the Court had issued a notice to the respondents, however, by January 12, the couple got united and the girl and the petitioner both appeared through video conference before the Court, indicating that they are happily living together.

On January 20, the Court was told by the Girl that she is residing with her in-laws and is also desirous to continue her studies. The Court asked the Parents of the corpus to share with her books and clothes, which they have with them as the corpus wishes to continue her studies.

Significantly, during the VC hearing, the Court noticed the overreaction of the parents on account of the step taken by the corpus and further observed thus:

"...it appears that the step taken by the corpus has given them a major shock and her parents are unable to accept the inter-religious marriage. However, they can not be permitted to misbehave even during video conferencing. As this Court had directed, one more attempt be made by the couple to meet the parents and let the same be done in a cordial atmosphere. However, if the parents cannot accept it graciously, let some time pass and, thereafter, things may limp back to normalcy."

Against this backdrop, lastly, the Court directed that If any need arises for protection, the Superintendent of Police of the area, where the couple resides, shall ensure providing of the same without loss of time.

With this, the petition was disposed of with the above directions.

Case title - HAMIM HABIBBHAI KHAMBHATI v. STATE OF GUJARAT
Case Citaiton: 2022 LiveLaw (Guj) 8

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