Karnataka HC Grants Hindu Woman Right to Live with Muslim Husband Found on Social Media

Karnataka HC Grants Hindu Woman Right to Live with Muslim Husband Found on Social Media

The Karnataka High Court recently granted permission for a Hindu woman to live with her Muslim husband, whom she had connected with via social media.

A Bench comprising of Justices S Sunil Dutt Yadav and Venkatesh Naik T noted that since the adult woman had chosen not to reside with her mother, was married, and pursuing her studies, there was no need for further adjudication.

"In view of detenue produced before the court and she decline to go with her mother and the fact that detenue is a major and studying in II Year B.Com and that her marriage is performed with respondent no.6, no further adjudication is called for in the matter," the order dated May 9 stated.

The Court was considering a habeas corpus petition filed by the woman's mother. During the proceedings, the woman appeared before the Court and conveyed her unwillingness to reside with her mother.

After taking note of the stand taken by her,  the Court conducted an in-camera interaction with her, facilitated by the Deputy Secretary of the Juvenile Justice Committee of the Karnataka High Court.

This action was in accordance with the guidelines outlined by the Supreme Court in the case of Devu G Nair v. The State of Kerala and Others. Following this, the Court observed that the woman had been residing with her husband in Kerala since their marriage on April 1. Additionally, she was pursuing a Bachelor of Commerce (BCom) degree and was deemed capable of making independent decisions.

The Court further observed that the woman had voluntarily left her parents' residence and was not subjected to any coercion or undue influence. Consequently, the Court concluded that there was no need for further adjudication in the matter.

 

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