A Muslim man has filed a habeas corpus petition in the Bombay High Court seeking the release of his Hindu partner from a government shelter. The petition claims her detention violates her fundamental rights, citing moral policing and interference from her parents. It asserts she entered a consensual relationship and requests police protection for the couple against potential threats.
Mumbai: A Muslim man has filed a habeas corpus petition in the Bombay High Court, seeking the release of his Hindu partner from a protection home in Mumbai. The woman is currently detained at the Shaskriya Stree Bhishekari Khikar Kendra (Government Women’s Hostel) in Chembur, reportedly under police orders following complaints from her parents and third parties.
The plea, filed by advocates Abid Abbas Sayyed and Asif Shaikh, claims the detention violates the woman’s fundamental rights.
“The act of placing the detenue in the shelter home, despite her clear and repeated expressions of her free will and autonomy, amounts to a violation of her right to life and liberty under Article 21 of the Constitution of India,”
the petition contends.
The petition asserts that interference by the woman’s parents and third parties, including members of organizations like Bajrang Dal, constitutes moral policing and unconstitutional interference with her personal liberty.
“The interference… amounts to moral policing and unconstitutional interference with the detenue’s personal liberty, which has been categorically disapproved by the judiciary in various precedents,”
the plea argues.
According to the petition, the woman voluntarily left her parental home and entered into a consensual live-in relationship with the man. A notarized affidavit dated November 16 was submitted, where the woman affirmed living with the man as husband and wife “of their own free will and without any coercion, undue influence, or pressure.”
Additionally, a self-recorded video has been submitted, in which the woman declared she chose to marry the man and convert to Islam “of her own free will, without any coercion or undue influence.”
Besides her release, the petitioner has requested “adequate police protection” for the couple to safeguard them against threats and interference.
The plea accuses the police of disregarding the woman’s categorical statements about her consensual relationship and arbitrarily placing her in the protection home.
“The failure of the police to consider the detenue’s letter and affidavit… amounts to abuse of power and malafide action,”
the petition states.
The matter is expected to be heard by a bench of Justice Bharati Dangre and Justice Manjusha Deshpande in due course. This case raises critical questions about personal liberty, constitutional rights, and the misuse of authority in personal relationships.
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