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'Serious Threat Of Honour Killing', Allahabad HC Orders Release Of Muslim Woman Who Married Hindu Man From Custody Of Her Father [Read Order]

Sparsh Upadhyay
11 Oct 2020 6:58 AM GMT
Serious Threat Of Honour Killing, Allahabad HC Orders Release Of Muslim Woman Who Married Hindu Man From Custody Of Her Father [Read Order]
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The Allahabad High Court on Thursday (08th October) directed the Senior Superintendent of Police, Kanpur Nagar, to take out a girl named Shikha @ Sheeba, a muslim woman who had converted to Hinduism to marry a Hindu man (Rohit Rathore), from the custody of her brother and father.

The Bench of Justice J. J. Munir further ordered that she should be housed at the Nari Niketan, Kanpur Nagar in safety and security, till the time she is produced before the Court.

The facts of the Case

It was submitted by the counsel for the petitioner (Detenue's Husband) that Shikha @ Sheeba daughter of Mukhtar Ali has married Rohit Rathaur S/o Ram Sewak Rathaur (who has effectively filed this petition on her behalf) according to the Hindu rites on 03.07.2020 at the Arya Samaj Mandir, Rawatpur Gaon, Kanpur Nagar after converting to Hinduism at the same Arya Samaj Mandir on 03.07.2020, earlier in the day.

It was submitted that the parties' marriage has been duly registered under the U.P. Marriage Registration Rules, 2017 on 09.07.2020 at the office of the Marriage Registration Office at Serial No. 468, SRO Office- Sadar Fourth, District Kanpur Nagar.
An FIR was lodged in this case by the detenu's father, Mukhtar Ali, wherein he has indicated the detenu's (Shikha @ Sheeba) age to be 22 years, giving rise to Case Crime No. 293 of 2020 State vs. Rohit Rathaur under Section 366 IPC, P.S. Bilhaur, District Kanpur Nagar.

In connection with the said case, the counsel for the petitioner invited the Court's attention to the detenu's (Shikha @ Sheeba) stand recorded before the learned Magistrate under Section 164 Cr.P.C.

In the said statement, the detenu (Shikha @ Sheeba) has said that she had left home because she was annoyed with her mother. She wants to marry Rohit and stay with him.
Further, she averred that no one has taken her away by blandishment, and that Rohit has not done anything contrary to her wish by force.
It was stated in the petition that the S.H.O., P.S. Bilhaur, Kanpur Nagar by trick and in connivance with the 4th respondent, handed over Shikha @ Sheeba into the hands of her father, after she had spoken exculpatory in favour of Rohit.
Since then, she is in illegal confinement of her father and brother.

The detenu (Shikha @ Sheeba) called up Rohit (her husband and the person who moved this petition), informing him that she is being tortured by respondent nos. 4 & 5, and that she may be murdered at any time.

She requested Rohit to rescue her. It was averred that it was on her instruction received over telephone that Rohit moved this petition.

It was further averred that on account of the religious barrier between parties, the 4th and 5th respondent, who are brother and father of Shikha @ Sheeba are so embarrassed and annoyed that Shikha @ Sheeba is facing a potent threat of being murdered at their hands in consequence of an act of honour killing.

The counsel for the petitioner stated that it is not just about rescuing Shikha @ Sheeba from illegal confinement, but also saving her life and preventing her from becoming a victim of honour killing that this Court must intervene.

Court's Directions

The Court instructed that notice be served upon respondent nos. 4 and 5 through all urgent means of communication through the learned Chief Metropolitan Magistrate, Kanpur Nagar returnable on 12.10.2020.

Further, the Senior Superintendent of Police, Kanpur Nagar was ordered to cause Shikha @ Sheeba, presently in the custody of Imran Hasan (her brother) and Mukhtar Ali (her father), to be produced before this Court on 12.10.2020 at 02:00 p.m., without fail.

Importantly, the Court observed,

"Since, there is a serious threat of Shikha @ Sheeba becoming a victim of honour killing, it is preferable to err on the side of caution. The Senior Superintendent of Police, Kanpur Nagar is ordered to forthwith take out Shikha @ Sheeba from the custody of Imran Hasan S/o Mukhtar Ali and Mukhtar Ali S/o Maqbool Ali, respondent nos. 4 and 5 and house her at the Nari Niketan, Kanpur Nagar in safety and security, until time that she is produced before this Court" (emphasis supplied)

Lastly, the Court instructed that this order be communicated to the learned Chief Metropolitan Magistrate, Kanpur Nagar, the Senior Superintendent of Police, Kanpur Nagar, the Director General of Police, Lucknow, U.P., the Principal Secretary (Home), Lucknow, U.P. and the In-charge, Nari Niketan, Kanpur Nagar by the Joint Registrar (Compliance), forthwith.

Click Here To Download Order

[Read Order]



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