Table of Contents
In a recent decision, the high court of Karnataka have permitted a Hindu woman to live with her Muslim Husband.
The Karnataka High Court has recently given permission to a Hindu woman to live with her Muslim husband whom she ha met via the internet. [Civil Appeal No.7070 of 2010 (arising out of SLP (Crl.) No. 1513 of 2008) in the matter of XYZ v State of Karnataka and Ors.
The Five Judges’ Bench comprising S Sunil Dutt Yadav along with Venkatesh Naik T held that since the major woman refused to live with her mother, was married as well as studying the question did not warrant any decision.
It further noted that a detenue produced before the court and she declined to go with her mother and as the detenue is a major studying in II Year B. Com and her marriage is performed with respondent no. 6, observance no further adjudication is required in the matter and as such the order was passed on May 9.
The Court was hearing a petition in a habeas corpus filed by the mother of the woman who was held in custody.
The girl testified in the courtroom and insisted that she no longer wanted to stay with her mother.
Then you noted the stand she has taken and then the Court proceeded and converse with her in-chambers with the Deputy Secretary of the Juvenile Justice Committee of the Karnataka High Court.
The above observation was made in accordance with the laid down principles enunciated by the Supreme Court of India in Devu G Nair v The State of Kerala and Ors.
Then, the Court observed that she was living with her husband in Kerala since the marriage that took place on April 1, 2011, that she was studying BCom and that she was a major, capable of decisions.
The Court further stated that the woman left her parents home on her own volition and was not coercion or pressurized by anyone.
Hence, the Court concluded the issue should not be decided and was not a matter for determination.
