THE Jabalpur bench of the Madhya Pradesh High Court has held that no “moral policing” can be allowed if two adults are willing to stay together by way of marriage or a live-in relationship. A single bench of Justice Nandita Dubey passed this order while hearing a habeas corpus petition filed by one Gulzar Khan, who alleged that he had married at BMA Maharashtra (Bandra) and his wife had willingly converted to Islam. It was alleged that his in-laws had forcibly taken her to Banaras and illegally detained her there.
The wife, who was 19 years, stated before the Court that she had willingly married the petitioner and converted to Islam. She said she was never forced to convert and had done so as per her own wishes. She further stated that her parents and grandparents had forcibly taken her to Banaras where she was beaten up and threatened constantly to give a statement against the petitioner. She also stated that she wanted to go with her husband as she had willingly married him.
The counsel for the state raised an objection in view of the Madhya Pradesh Freedom of Religion Act, 2021. It was vehemently argued that any marriage performed in contravention of Section 3 of the Act of 2021 should be deemed null and void. Section 3 provides that no person shall convert for the purpose of marriage and any conversion in contravention of this provision shall be deemed null and void. It was stated that in view of Section 3 read with Section 6, the marriage of the petitioner was null and void.
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