Calcutta HC: If One Marries And Converts By Choice Courts Can’t Interfere

On Monday, 21  December, The Calcutta High Court made a judgment that the courts cannot interfere if an adult woman marries a partner of her choice and chooses willingly to convert her religion.

The HC bench consisted of Justices Sanjib Banerjee and Arijit Banerjee. They heard a plea by a petitioner who alleged that his 19-year-old daughter, Pallabi Sarkar, now known as Ayesha Khatun, had gone missing around 15 September. When she was traced, it was found that she had changed her religion and married Asmaul Shaikh.

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The HC bench observed as reported by the Bar and Bench that, “She is 19 years old. She has married a person of her choice and she apparently does not want to return to her paternal home. 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”.

Background Of The Case

On 7 December, Murutia Police Station reported that Ayesha Khatun married Asmaul Shaikh. The report also included her statement made before a Judicial Magistrate in Tehatta, West Bengal. As reported by Live Law, it said that she was in a relationship with Shaikh and had willingly married him.

The petitioner had previously questioned the credibility of the statement. He alleged that there was coercion and he was not allowed to meet his daughter in court on 16 September, the same day her statement was produced under Section 164 CrPc.

The woman was asked to record a second statement before the Additional District Judge, Tehatta. The statement indicated that there was no external influence to her decision. However, this did not remove the father’s ‘suspicions’.

Statement Of The Court

The court remarked and the Bar and Bench reported, “Despite a clear and clean report being furnished, the father harbours some suspicion”.

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On Monday, the HC reiterated that the courts cannot interfere and  ordered Ayesha Khatun to meet with Saiba Bapuli, the Additional Public Prosecutor. The meeting will be private, without anyone else present on 23 December, 10.30 am. As reported by Live Law, the court also directed the prosecutor to file a report before the next hearing on 24 December.

Shivangi Thapa is an intern with SheThePeople.Tv