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“If Adult Marries And Converts By Choice, There Can be No Interference”: Calcutta High Court

The court was hearing a petition by a father claiming that his daughter has been unduly influenced to marry a man of a different religion

Kolkata| The Calcutta High Court here, hearing a petition by a father claiming that his daughter has been unduly influenced to marry a man of a different religion, observed that there can be no interference if an adult marries as per her choice and decides to convert.

The 19-year old woman’s father had petitioned the High Court after she married a person of her choice, complaining that his daughter’s statement before a magistrate may not have been recorded in an atmosphere where she felt comfortable.

The police department, on a case filed by the father, had produced the woman before a judicial magistrate, before whom she made a statement that she had married of her own will.

On Monday, the division bench comprising justices Sanjib Banerjee and Arijit Banerjee observed: “If an adult marries as per her choice and decides to convert and not return to her paternal house, there can be no interference in the matter.”

The Calcutta High Court, upon the father’s complaint, had directed that the woman would meet the senior-most additional district judge in Tehatta and that sufficient care was to be taken so that she was not under any coercion or undue influence.

Despite a clear and clean report being furnished by the additional district judge, the court noted that the father harbours some suspicion.

The husband was present within the court premises in Nadia district when the woman appeared before the judge, the lawyer representing the father claimed before the division bench

The woman will meet additional public prosecutor Saibal Bapuli in his chamber in Kolkata on December 23 to allay the fear and suspicion of her father, the bench directed.

The bench further directed that when the woman meets Saibal Bapuli, who is also representing the state in this matter, there should be no one else in the room, including her husband.

The bench directed Saibal Bapuli to file a short report when the matter appears for hearing again on December 24.

 

 

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