The Calcutta High Court in a judgement on Monday, December 21 said courts cannot intervene if an adult woman marries a partner of her choice and voluntarily chooses to change her religion.
A division bench comprising Justices Sanjib Banerjee and Arijit Banerjee was hearing the petition filed by a father.
The father alleged that his 19-year-old girl was missing. After the woman was traced it came to be known that she was married and has adopted her husband’s religion.
A statement made before a police officer indicated that she had done so at his own discretion and don’t want to return to his ancestral home.
The court clarified,She is 19 years old. She has married a person of her choice and she apparently does not want to return to her ancestral home. If an adult marries according to his choice and decides not to change religion and return to the ancestral home no one can interfere in the matter.
Pallabi Sarkar, now known as Ayesha Khatoon, went missing around 15 September and when came to know about her it was revealed that she changed her religion and married Asmul Sheikh.
As per the December 7 report of the Marutia Police Station, Ayesha Khatoon married Asmul Sheikh. The report also included a statement she had made before a magistrate in Tehatta in West Bengal that she was in a relationship with Sheikh and she voluntarily married him.