Allahabad High Court: J.J. Munir, J., observed that, in matrimonial matters, it is disconcerting to note that parties change his/her faith to the others just for the purpose of matrimony and nothing more.
Detenue Pooja, in compliance with the rule nisi issued by the Court on 24-09-2020, was produced before the Court.
Court ascertained the detenue’s stand in the instant matter, which is recorded verbatim:
Q. Aapka nam?
A. Pooja alias Zoya.
Q. Aapki aayu?
A. 19 saal.
Q. Aapke pita ji ka nam?
Q. Aapne shadi ki hai?
Q. Kab ki hai?
A. 5.8.2020 ko.
Q Aapke pati ka nam?
Q. Aap kisake sath jana chahti hai?
A. Apane pati ke sath.
Bench noted that Pooja had forsaken her native religion which is Hinduism and converted to Islam in order to marry Shavez.
Though under the Constitution, a citizen has the right to profess practise or propagate the religion of his/her choice but it is disconcerting that in matrimonial matters one party should change his/her faith to the others just for the of matrimony and nothing more.
Bench stated that “If two citizens of India professing different religions wish to marry, it is open to them to do so under the Special Marriage Act, 1954, which is one of the earliest endeavours towards a Uniform Civil Code.”
Detenue by her statement indicated her clear choice to stay with her husband with whom she claimed to have married and since she is a major she is free to do so.
In view of the above, Court stated that the rule nisi is made absolute. Hence, detenue is ordered to be set at liberty and she is free to stay with whomsoever she wants and go wherever she likes.
Therefore, petition was allowed.[Pooja v. State of U.P., Habeas Corpus WP No. 446 of 2020, decided on 8-10-2020]