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'Courts can't interfere if an adult woman marries as per her choice and decides to convert religion', rules Calcutta High Court

 On Monday, the Calcutta High Court passed an order contradicting the recent row of 'Love Jihad' Laws which proposes stringent action against religious conversions upon marriage.


The newly emerged legislation has now been a part of discussion for quiet some time- inviting criticism and debates. Social Activists have openly come against the Law while intellects too are finding it faulty. 


The Calcutta High Court in its Monday order however reaffirmed that it is not for the Courts to interfere in matter of conversions upon Marriage. The Court said that if an adult woman decides to marry and convert to her choice of religion, Courts don't have a say in it.


The Court was dealing with a petition moved by a Father to trace his 'missing' 19-year-old daughter. After she was traced, it was discovered that she married as per her choice and converted to her husband's religion. In her statement given to the Police Officer, she admitted it all happened as per her will and that she doesn't wish to return to her parental house.


Noting the above, the Court clearly stated:

"She is 19 years old. She has married a person of her choice and she apparently does not want to return to her paternal home. If an adult marries as per her choice and decides to convert and not return to her paternal house, there can be no interference in the matter,"


"If an adult marries as per her choice and decides to convert and not return to her paternal house, there can be no interference in the matter.", Court further added.


The petitioner-father was however raising apprehensions that her daughter might have been forced to give affirmative statement for her in-laws by them considering which the Court gave the woman a second chance and she stuck to her words indicating no coercion or undue influence on her.

To do away with the father's further suspision, the Court ordered the girl to meet up with the Additional Public Prosecutor in his/her Chamber with no on else being present there and asked for a report to be submitted to it thereupon.


The order has been passed by a bench comprising of Justice Sanjib Banerjee and Justice Arijit Banerjee on 21-12-2020.


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