Madhya Pradesh HC disposes Muslim man’s plea to get back wife, sends her back to parents

The woman was produced in the court of justice J K Maheshwari on February 26. She said in court that she wanted to return to Sameer if he agrees not to marry again and she is not asked to change her name.

The Madhya Pradesh High Court has disposed a habeas corpus petition filed by a Muslim man who said that the parents of his Hindu wife had “illegally detained” her because they did not approve of their marriage.

Sameer Khan moved the high court in January, saying he married the 23-year-old woman in September and that the couple lived in Indore, where he runs a boutique. When her parents came to know of the marriage they took her away and did not let her return, he stated.

The woman was produced in the court of justice J K Maheshwari on February 26. She said in court that she wanted to return to Sameer if he agrees not to marry again and she is not asked to change her name.

Advocate Kuldeep Pathak, the petitioner’s counsel, said after Sameer agreed to the conditions, the woman agreed to return to him. Government advocates then suggested that the judge hear the woman in his chamber because she had not been able to make up her mind and appeared confused.

When the court met again at 3.30 pm, the woman said she wanted to go back to her parents, who were present in court. The parents told the court that they will take care of their daughter.

Noting that the woman was previously in an association with the petitioner, the judge asked the parents to maintain a good and congenial atmosphere at home.

Though the order was given on February 26, a copy of the judgment was made available later. Referring to marriage documents submitted by Khan, the judge said he is at liberty to take recourse to law. The judge disposed the plea, saying the girl was not in illegal detention.

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