Left home with Muslim man as atmosphere not conducive for study, woman tells court; agrees to return

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Representative Image
Representative Image

New Delhi [India], January 4 (ANI): A woman who had allegedly eloped with a Muslim man as the environment at home was not "conducive" to study, told Delhi High Court on Monday that she was ready to return home after the parents assured that they would respect her wishes.

A bench of judges comprising Justices Vipin Sanghi and Rajnish Bhatnagar directed the family to not taunt the woman for running away.

The woman told the HC that atmosphere at her residence was not "conducive" and she cannot study. She told the Court that she wants to study and prepare for competitive examination therefore she went away with Muslim man. She also told the Court that she has met an advocate and got a nikahnama prepared by spending Rs 10,000. She also stated that she has not converted to Islam.

"It would remain to be seen whether mere preparation of a Nikahnama, in these circumstances, would tantamount to a Muslim marriage," the Court said in its order copy.

The Court, during the hearing, has observed that merely making a nikahnama was not marriage and for solemnising marriage, a ceremony is required.

Wailing before the HC, the woman's mother alleged that the "Bangladeshi" man had changed the daughter's mind and may sell her off in Bangladesh.

"In any event, after interacting with her parents on the video link, woman has stated that she is ready and willing to return to her parental home," the Court noted.

The woman who first hesitated to go with her parents later agreed.

The woman's parents assured the Court that they would respect her desire to study further and would also create an atmosphere "conducive" to be able to pursue her studies. They have also assured the Court that they would not scold or taunt her for whatever has transpired. They have also ensured that they will not force the girl to marry any other person whom she would not like to marry otherwise.

The Delhi HC directed to deploy a lady constable for two weeks to take care of her welfare on the alternate day.

In the last hearing, the Delhi HC had directed authorities concerned to make efforts to trace and present the Hindu woman, a BTech student who allegedly eloped with a Muslim labourer in November and believed to have gotten married in West Bengal, before it.

In pursuance of the Court's order, she was presented via video conferencing. The Court had also directed that if the woman was traced then she shall be brought to Delhi, and kept at Nari Niketan so that she is not under influence of either the petitioner, or the persons with whom she is stated to have eloped with.

The HC was hearing a habeas corpus petition preferred by a man to seek production of his daughter, who went missing on November 7.

The petition stated that the petitioner's daughter appears to have been taken away in an organized manner and pointed out that the woman, by education, a B.Tech, whereas the person with whom she was claimed to have eloped with was a labourer. (ANI)