The Rajasthan High Court on Tuesday allowed a 22-year-old woman to live with her husband and asked the police to ensure her safety, The Hindu reported. The woman’s brother had filed a habeas corpus petition, alleging that their marriage was a case of “love jihad”, and that she had been forcibly converted to Islam.
The court also allowed her to leave the women’s shelter, where she was sent last week.
A division bench, headed by Justice GK Vyas, said the woman was not a minor and was free to marry a man of her choice. The woman told the court she had willingly married the man.
On November 1, the High Court had criticised the state police for the way it handled the case. It had asked how the police could assume that the conversion was illegal “just by way of an affidavit over a stamp paper of Rs 10”, especially when there was no legal provision in this regard.
The woman’s brother had claimed that a person named Faiz Modi had been harassing her for a long time and had abducted her. He claimed she was made to sign some papers, after which fake marriage documents were prepared, and that she was blackmailed with objectionable pictures.
The court had asked the police to investigate the authenticity of the alleged religious conversion and the marriage and also find out why she was living with her family till October if she had married and converted to Islam in April.