India: Bombay High Court quashes criminal case filed against family for allegedly kidnapping their own daughter


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Mumbai: In a breather to a Mangalore-based Hindu family, the Bombay High Court quashed and junked a criminal case filed against them for allegedly kidnapping their own daughter, who married a Muslim man. The case was filed by the girl’s husband, who accused her parents of kidnapping as they were against their ‘inter-religion’ marriage. A division bench of Justice Bhushan Gavai and Justice B P Colabawala quashed the First Information Report (FIR) registered with Mankhurd police station by Iqbal Chaudhary.

According to Iqbal, he met his wife on Facebook way back in 2011 and after having a love affair for nearly six years, the couple decided to marry in June 2017. His wife left her parent’s house in Mangalore and came down to Mumbai in June last year and within a few days she got converted into Islam. The couple got married as per rituals of the Muslim community, which was objected by the girl’s parents, who feared their daughter might become a victim of triple talaq.

Following the alleged abduction of his wife from a mall in Vashi, Iqbal registered a FIR with the police and even moved a habeas corpus petition before the bench headed by Justice Gavai. He apprised the judges, through advocate Hasnain Kazi, of his apprehension that his in-laws might have kidnapped his wife as they were against their marriage.

 

Considering his apprehension, the judges had asked the police to probe his allegations and also to produce the girl before them. Soon, the girl was traced at her parental home in Mangalore and was produced before the judges in January, wherein she urged the judges to direct Iqbal to get their marriage registered. She had also expressed her willingness to cohabit with her husband – Iqbal. She had also prayed before the judges to quash the FIR pending against her family, as the same is causing harm to the repute of her family and also is resulting in continuous harassment to them.

Accordingly the judges had stayed the criminal proceedings in the first week of February and had asked the couple to get their marriage registered. Pursuant to the directions, the marriage was registered and a certificate of the same was placed before the judges.

Having considered the peculiar facts of the case, the judges said, “We are of the considered view that continuation of the criminal proceedings would unnecessarily come in the way of peaceful relationship of the husband and wife. In that view of the matter, we find that it would be in the interest of justice to give an end to the criminal proceedings.”

If you have any questions or concerns regarding parental abduction to or from India feel free to contact us 24 / 7.  We are always available at contact@abpworld.com or by calling our offices – +1 (805) CHILD-11 (+18052445311)

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