In a recent ruling, the Gujarat High Court made a significant decision by dismissing a habeas corpus plea filed by a woman seeking custody of her adult daughter. The petitioner claimed that her daughter had been compelled into marrying a man from a different faith. However, the court's bench, consisting of Justices Umesh A Trivedi and MK Thakker, concluded that the daughter had willingly entered into the marriage as an adult.

In their order, the esteemed judges emphasized that it was evident from the presented documents that the daughter, of her own volition, had chosen to marry a person from a different faith. The court noted that the daughter was of legal age and her decision to marry was independent of her parents' preferences. This reaffirmed the principle of an individual's freedom to choose their life partner.

According to the petitioner's claims, her daughter went missing on April 5, prompting the registration of a complaint on April 7. However, the daughter later sent an envelope to her mother, which contained several crucial documents. These included her husband's conversion certificate, demonstrating his change from Islam to Hinduism, as well as their valid marriage certificate. The envelope also contained a notice of intended marriage under the Special Marriage Act.

The court carefully considered the petitioner's allegations but noted that she did not disclose the source of the envelope, raising questions about its authenticity. The illegible postal stamp further added to the doubts surrounding its origin.

Crucially, the court highlighted that there was no evidence or indication suggesting that the petitioner's daughter had been coerced or forced into the marriage against her will. In fact, the couple had previously sought police protection due to perceived threats from the petitioner, further indicating the absence of any unlawful confinement.

After thoroughly reviewing the case and examining the presented documents, the court concluded that there was no basis to believe that the petitioner's daughter had been abducted or unlawfully confined. Consequently, the court refused to entertain the habeas corpus plea, underscoring the daughter's right to exercise her personal choice and the absence of any wrongdoing.

Advocate Radhesh Y Vyas represented the petitioner, while Additional Public Prosecutor CM Shah represented the State of Gujarat in this significant legal proceeding.

By upholding the daughter's agency and affirming her freedom of choice in marriage, the Gujarat High Court's ruling sets an important precedent for future cases involving interfaith marriages and individual autonomy.

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