In the Matter of Manishaben Mukesh Kumar Darji v. State of Gujarat, a petition for habeas corpus was submitted by the mother of a significant daughter In the case of the petitioner-mother, certain documents including a marriage certificate from the Araya Samaj Vaidik Sanskar Trust and her husband’s conversion certificate from Islam to Hinduism without any coercion, inducement, or influence were sent to her address in an envelope and purportedly sent by her daughter. It also included a letter that was written to the SHO of the Ramol Police Station and said that the woman was a major who had married of her own free will, free of any force or pressure. She also said that any fraudulent complaints made by her parents against her, her husband, or her in-laws should be dismissed. Prior to this, the Court had given the couple police protection in an order dated 10/05/2023.
Analysis of court decision
Judges Umesh A. Trivedi and M.K. Thakker of the Gujrat High Court’s Division Bench denied the plea and stated that the petitioner’s daughter is a major and went into an interfaith marriage with a person of her choosing rather than her parents’ choice.
The daughter of the petitioner-mother is a major, and the court found that it was obvious from the documents submitted that she engaged in an interfaith marriage of her own free will. The Court also stated that it was evident from all the documents submitted by the petitioner-mother that her daughter is a major and has engaged in marriage—of course, with a partner of her choosing, not that of her parents. Accordingly, the Court ruled that it cannot be inferred that the daughter of the petitioner was taken against her will and imprisoned unlawfully. As a result, the petition asking for a writ of habeas corpus was denied by the court.