Point of Law: It is surely a calculative move on the part of the respondent no.4 who has attempted to overreach the process of law. It is utmost necessary for the officer concerned to check tendency and attempt, as otherwise, this surely render the provisions otiose.

JUDGMENT :

SONIA GOKANI, J.

1. This is a case of interreligious marriage of a young girl with the man who was divorcee. While issuing notice on 08.09.2020, the following order came to be passed by this Court: -

“1. This is a petition under Article 226 of the Constitution of India seeking writ of habeas corpus preferred by the mother of the corpus who has alleged against respondent nos. 4 to 6. The missing complaint is given to the police, however, the same has not been registered as First Information Report and continued to remain as missing compliant till date.

2. It is the grievance that the respondent no.4 is a married man of 38 years of age and the corpus is barely 21 years of age. The amount of threat perpetrated by the respondent with the help of the authority is narrated in the complaint given to the DSP, Nadiad.

3. Issue Notice returnable on 15.09.2020. Learned APP Mr. Manan Mehta waives service of notice for and on behalf of the respondent – State.

4. The corpus shall be brought before this Court on the scheduled date through video conference to be conducted in the nearest court from where the corpus is found or the Action Taken Report shall be tendered.”

2. On 17.09.2020, the police could manage to bring the corpus before this Court and it was realised that the marriage already has been performed of hers with respondent no.4 as she converted herself from one religion to another. Following is the order which would deserve reproduction: -

“1. The corpus today is brought before this Court and it was realized that according to her, she is married to the respondent no. 4 by performing the marriage at temple.

2. We had made a request to Ms. Bhatt, learned Additional Chief Judicial Magistrate, District Court, Surat and she has conveyed to the Court that there are no valid papers of divorce collected by the officer concerned so also the details about the procedure needs to be followed for conversion from one religion to another religion is also not available as there is no investigation in that regard. According to her, the wife of respondent no.4 has married elsewhere however, that was on account of the affair of his with the corpus but their marriage also has been performed in the temple. The certificate of Registration of Marriage is based on the performance of the ceremony at the temple.

3. The corpus insisted on being with the respondent no.4 and she also knows that the conversion of hers has taken place at the State of Maharashtra.

4. Let all these aspects be investigated by the Police Officer and the same be reported to the Court. The corpus shall be produced before the Court on 30.09.2020. As she wishes to join respondent no.4 only, the whereabouts of theirs shall be noted by the officer concerned. She being the adult who insists on joining respondent no.4, there can be no fetter.

5. Matter to appear on 30.09.2020.”

3. The investigation took place and the report sent to this Court indicated that the marriage had been performed, at the temple, after the conversion of the corpus from Islam to Hinduism. The certificate of registration of marriage also has been brought on record, which was permitted on the strength of the ceremony, which took place at the temple at Maharashtra.

4. On 30.09.2020 when the matter was scheduled, the order passed was as follows: -

“1. Pursuant to our order dated 17.09.2020, the papers are presented before learned Judge at Surat by the Police after inquiring about the aspects of divorce and conversion. It is conveyed to us that divorce has taken place of the respondent no.4 and his ex-wife has already remarried. The statements of both, her brother and father have been recorded. It is conveyed that by oral transaction, the divorce has taken place and the relationship of the corpus and respondent no. 4 was the base reason for the disputes.

2. We gather from the papers that the marriage of the corpus with the respondent no.4 has taken place at Surat. It is also further conveyed to us that the conversion of the c