Read Time: 06 minutes

Synopsis

The Allahabad High Court on Wednesday ordered a Muslim girl to be sent to Nari Niketan in Lucknow, despite her request to be with her Hindu live-in partner/husband.

Noting the uncertainty about the girl's exact age and her mother's claim that her minor daughter had been forcibly taken by the Hindu man, court found it appropriate to send the girl to Nari Niketan to prevent any potential issues. Court also ordered a radiological examination to determine her age.

The girl's mother had filed a habeas corpus petition, alleging that her daughter had been kidnapped by the Hindu man and was in his illegal custody. During the hearing on Tuesday, the mother claimed she had attempted to file a case against the man and had filed an application before the Commissioner of Police, Lucknow on July 15, but no action had been taken. In response, the court had ordered the Commissioner of Police to appear in person on Wednesday.

The Commissioner appeared with the concerned Station House Officer (SHO) and apologized for the laxity on part of the SHO. He also assured the court that he would personally monitor such cases and direct all SHOs in Lucknow to be more vigilant.

Further, the SHO of Jankipuram police station told the court he had been vigilant and had tried to mediate between the parties. He submitted that in the investigation, he had found that the Muslim girl and the Hindu man were in a relationship and had married, though the validity of the marriage agreement was unverified. He also apprised the court that despite the girl's request to go with her partner, he had not allowed her as her age was unclear.

Furthermore, the girl's mother contended before the court that the alleged marriage agreement, dated January 16, 2024, stated her daughter's birth date as January 1, 2000, which was impossible as her own marriage took place in 2002. She accused the Hindu man of forging her daughter's date of birth.

Justice Shamim Ahmed concluded that since the girl and the man were not legally husband and wife, and there was no evidence validating their marriage agreement, it was improper to send the girl with the man.

"(Such relationships) are not acceptable in the society and we are not living in a western country, where this type of relationship is very popular and common among the citizens, We live in country, where people believe in culture and traditions, which is the crown of our country and we are proud of it, therefore, we have to respect the traditions and culture of our country(sic)", said the judge. 

Consequently, the court sent the girl to Nari Niketan and directed the SHO, Jankipuram police station to take appropriate action against the Hindu man for forging documents.

The case will be heard next on August 16, with the court ordering the Superintendent of Nari Niketan to present the girl in person.

Case Title: XXX    v.     YYY