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Synopsis

The Bombay High Court on Tuesday directed the Mumbai Police to produce the Muslim Man’s Hindu Partner to be produced before the court.

A division bench of the high court comprising Justice Bharati Dangre and Justice Manjusha Deshpande asked the police to produce the corpus on the next date of hearing and also asked the petitioner to appear physically before the court.

"We direct Respondent Nos.3 and 4 to secure the presence of Corpus before us on 09/12/2024. On the said date, the Petitioner shall also remain present in this Court," the order states.

The bench was hearing a petition filed by a man seeking the release of his Hindu partner from a protection home.

The case pertains to a complaint filed by the girl’s family at Ghatkopar Police Station, Chiraj Nagar, Mumbai expressing their disapproval of the interfaith relationship.

It has been submitted that the girl was called to the police station where members of the Religious and political Social Workers were present.

Even though the girl expressed her desire to marry the man and refused to return to her parents, the police placed her in Shaskriya Stree Bhishekari Khikar Kendra a Government Women Center (Hostel), Chembur, Mumbai against her will.

The plea states that the girl has independently exercised her constitutional right to choose her partner and enter into a live-in relationship with the petitioner and she informed the same to Ghatkopar Police Station on 16.11.2024 through a written letter, unequivocally stating that she left her parental house of her own free will and consent.

It further stated that the letter mentions that she decided to live in a live-in relationship with the petitioner without any coercion, undue influence, or pressure from any third party, asserting her autonomy as an adult.

A video has also been placed on record where the girl unequivocally states that she has willingly accepted Islam and has chosen to marry the man (petitioner) of her own free will, without any coercion or undue influence.

The plea argues that “The Constitution guarantees the right to freedom of religion under Article 25. The coercion by members of Religious, Political Social Workers, Bajrang Dal and etc., a set of group, to prevent the girl from marrying outside her faith infringes upon her constitutionally protected rights,” the plea reads.

Case title: Naushad Mehboob Jamadar vs State of Maharashtra & Ors