Moral policing cannot be allowed where two adults have willingly decided to live together - MP HC

The Madhya Pradesh High Court held that moral policing cannot be allowed where two adults have willingly decided to live together, whether in a live-in relationship or by way of marriage. 

Single-Judge Justice Nandita Dubey was adjudicating a Habeas Corpus petition moved by one Guljar Khan, praying to release of his wife, who has been forcibly taken to Banaras by her parents and was illegally detained.  

The Petitioner married his wife (19-year-old)with her consent after she had willingly converted to Islam. The wife appearing via video conference, stated before that she had willingly married her husband and was never forced into conversion. She also informed the Court that her parents and grandparents had forcibly taken her to Banaras, where she was beaten up and constantly threatened to give statements against her husband (Petitioner). 

The Government Advocate Priyanka Mishra, appearing for the State, argued that the marriage was in violation of the Madhya Pradesh Freedom of Religion (MPFR) Act 2021, and the woman should be sent to Nari Niketan. The Court turned down the argument made by the State.

After considering the submission of the parties, the Court held that both the wife of the Petitioner is a major and the age of woman was not disputed by any of the parties. The Court directed the authorities to hand over the wife to the Petitioner and to ensure that the two are not threatened.

Author: Papiha Ghoshal