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Another Addition to the Inter-Caste Marriage After the Hadiya Judgement

Just after the recent Hadiya Judgement, another inter-caste marriage has cropped up in front of the Supreme Court. A Muslim man requesting the Supreme Court to reunite his wife after the Chhattisgarh High Court dismissed his pleas. Read on to find out more about the case.
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One more case of interfaith marriage has come up within the period of five months after the Supreme Court passed a judgement in the Hadiya Case. The case revolves around the law laid down by the Chhattisgarh High Court in the case of Shafin Jahan v. Asokan K.M. and others. 

This recent petition is filed in the Supreme Court by Ibrahim Siddiqui challenging the High Court judgment passed on 30 July refusing his plea to stay with a 23-year-old girl, who he claims to be his legally wedded wife. According to Ibrahim, he married the girl at the Arya Samaj Temple and to support his claim he has also submitted his marriage certificate.

According to the order passed by the Chhattisgarh High Court, The bench of Chief Justice Ajay Kumar Tripathi and  Justice Prashant Kumar Mishra, the court refused to comment on the validity of the marriage of Ibrahim and his alleged wifeHadiyaAnjali Jain. It Chhattisgarh that Anjali ’s parents were not happy with their marriage and were totally against them.

The Court observed, “It is evident from the pleadings and the arguments that the emotions are running high both the sides and we are equally concerned about the safety and security of both, Petitioner as well as the girl. We further feel that certain breathing space and time is required to be given in a free atmosphere to Anjali Jain to make up her mind. On the basis of mere above-mentioned circumstances, we cannot direct that the girl should be released in favour of the petitioner holding the status of his legally wedded wife.”

Further, the Court allowed Anjali Chhattisgarh asked her to stay in a hostel in Bilaspur. The Court also gave visitation to both, Ibrahim as well as to her parents thrice a week, with the permission of the hostel warden.

In the Habeas Corpus petition filed by the Advocate TVS Raghavendra Sreyas in the Supreme Court, challenges the order passed by the Chhattisgarh High Court and claims that the private custody of an adult girl is her independent choice. He also alleges that the law laid down in the case of Hadiya erred in not following the law down laid down in the case of Shafin Jahan and others v. Asokan K.M. and others, 2018(5) SCALE 422.

In this case, the girl after her appearance in the open court clearly expressed her will to live with the petitioner, but it was refused by the High Court and asked her to choose whether she wants to live with her family or in the hostel. 

Ibrahim also converted to Hinduism, and now in the recent statements, he claimed that he is been threatened by Anjali’s family and other people of the society. In regard to these, Ibrahim has also demanded immediate police protection and security for himself and Anjali. Further, various questions of law have also been raised.

 

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Reviewed by:
Jyoti Yadav
Published on 18th Aug, 2018
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