Hindu-Muslim couple gets court nod to ‘stay together’
The High Court of Karnataka, which refused to recognise the wedding of a Hindu-Muslim couple, has allowed them to stay together after they agreed to get married under the Special Marriage Act (SMA). The couple had eloped and married at a temple in Udupi, following which the girl’s father filed a habeas corpus petition, accusing the boy of abducting his daughter.
As reported by Bangalore Mirror earlier, during the hearing of the case by the division bench of Justice N Ananda and Justice K Govindrajulu on November 3, the court refused to recognise their marriage and said that people of different communities can solemnise their marriage only under the Special Marriage Act.
However, when the girl refused to go with her parents, the court said it would not force her as they were both adults and gave the parents one week’s time to convince her. The parents and the couple appeared in court again on Thursday for final hearing of the case. This time, the division bench comprised Justice Shylendra Kumar and Justice C R Kumaraswamy. The court said that the belief that the girl was illegally detained by the boy was unfounded and it had found from listening to the girl that she was under no pressure or coercion either to be with or marry him. She had gone with him on her own.
The court also said that since the girl was in love with the boy and planned to get married under the Special Marriage Act and the two had given affidavits before the court, it was satisfied that there was no illegal custody. “The writ cannot survive anymore and there is no need for further orders. She can continue to be a free citizen and exercise her liberty,” the court said.
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