High Court sets woman at liberty to choose her life partner after Habeas Corpus plea

Muslim woman says she wants to marry her Hindu boyfriend and live with him

November 30, 2018 01:06 am | Updated 01:06 am IST - KALABURAGI

Upholding the right of a 23-year-old Muslim woman to her choice of a partner, the Kalaburagi Bench of the High Court of Karnataka on Thursday once again brought into focus the right to practice and propagate the religion of one’s choice under the Constitution.

Hearing a Habeas Corpus Writ Petition filed by Suresh Pawar seeking a direction to set at liberty his girlfriend, Nashwa Taha Sehena, the Division Bench, comprising Justice Arvind Kumar and Justice P.G.M. Patil, observed that the woman, a major, could choose where she wanted to live.

Mr. Arvind Kumar, hearing the plea of Ms. Sehena, observed that she could not be forced to live at a place against her will and set her at liberty.

After the woman expressed her willingness to marry her lover, Mr. Pawar, and live with him, the court also directed the police to extend security to girl whenever she requests as she was facing threat by her mother and relatives.

Mr. Pawar filed the Writ Petition on November 22 before the High Court stating that his girlfriend Ms. Sehena had been illegally detained and forcibly kept at the State Home for Women for more than a month.

On the directions of the High Court, Ms. Sehena was released from the State Home and produced before court on November 27.

The petition filed by Mr. Pawar stated that both of them [Mr. Pawar and Ms. Sehena] intended to marry and were facing threat from the woman’s relatives and their community leader.

Earlier, the two visited the women police station in Kalaburagi seeking protection on October 11. In turn, the police asked Mr. Pawar to visit the next morning and asked the woman to stay back in the police station with a view to ensuring her safety.

On visiting the police station the next day, Mr. Pawar came to know that his girlfriend had been illegally detained by the officials of the State Home for Women under the influence of woman’s mother, who is a government employee.

When the State Home authorities repeatedly refused to release Ms. Sehena, even after the women police station issued a letter stating that she can be released, he filed the Habeas Corpus Writ Petition.

On November 27, the court asked the girl to decide whether she wanted to live with her mother or marry her boyfriend [Suresh Pawar].

On Thursday, the court heard the woman’s opinion where she declared that she will go with her lover but not with her mother. Her mother, who was present in court, prayed to the court to convey to her daughter to stay back with her; Mr. Arvind Kumar said that the court had only limited jurisdiction while dealing with such cases as the girl is major.

Her mother also submitted to the court that she will not give her property to her daughter.

Mr. Arvind Kumar advised the girl to take a wise decision and not to take the extreme step. “Experience is a good school but the fees are high,” he added. He also told the woman to visit her mother regularly.

Advocate Rajesh G. Doddamani argued on behalf of the petitioner.

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