More than six years after allowing a woman to live with her parents instead of her husband who belongs to another religious faith, the Supreme Court on Wednesday took note of a fresh plea by the man that his wife be freed from their custody and asked a sessions judge to ascertain whether she now wanted to live with him.
The row over the interfaith marriage had reached the apex court in 2018 when petitioner Mohammad Danish approached it for a direction to free his wife, then 20, from the custody of her parents.
A bench headed by the then Chief Justice, Dipak Misra, had on May 17, 2018 allowed the woman to go back to her parents, who claimed the 'nikahnama' furnished by Danish was fake and that he had abducted their daughter.
The judges, after interacting with the woman, had allowed her to live with her parents, saying being an adult she was "free" to lead her life as per her wish.
The woman had then expressed her desire to go with her parents in Haldwani district of Uttarakhand.
The top court had disposed of the habeas corpus petition filed by Danish to produce his wife without touching upon the aspect of their marriage and nkahnama.
"After we made some queries, we found that she has a clear mind and intends to stay with her parents. In view of the aforesaid, the habeas corpus petition filed by the petitioner shall stand disposed of," the bench had said.
On Wednesday, a vacation bench of justices Sudhanshu Dhulia and Ahsanuddin Amanullah took note of the fresh plea filed by Danish claiming his wife now wanted to come back to him.
“Considering this, we direct the first additional sessions judge, Haldwani to visit the place and record her statement,” the bench said and directed the state administration to render assistance to the judicial officer in compliance of its orders.
The bench asked the judicial officer to record the statement within two weeks and file a report. The matter will be taken up one week thereafter.
The parents of the woman, who accompanied her to the courtroom back in May 2018, had alleged her so-called husband had kidnapped her and executed a "fake" nikahnama (marriage contract).
The counsel for the Uttarakhand government had then told the court that the nikahnama and the marriage certificate were fake. He had claimed it was a clear case of abduction and Danish's petition should be dismissed.
The Uttarakhand police had arrested the couple from Delhi in 2018 after lodging an FIR for alleged abduction following a complaint by the woman's parents.
Danish had then moved the court seeking reunion with his wife saying he was arrested by the police and lodged in Haldwani jail for alleged abduction of his wife, a Hindu girl, who had later converted to Islam of her own free will and taken a different name.
His petition said both of them hailed from Haldwani district and were pursuing Bachelors in Business Administration in Bheemtal town where they fell in love.
Danish had claimed since her parents were opposed to their relationship, they got married in Ghaziabad as per Islamic rituals and customs.
