MUMBAI: Recently, the Bombay High Court held that merely because the man and the woman are from different religions, the matter cannot be given a religious angle and it can also be a case of pure love. In the said matter, the Bombay High Court has granted pre-arrest bail to a Muslim woman while her family booked for allegedly forcing a Hindu man to convert his religion to Islam to marry the woman.

The anticipatory bail was filed by the woman and her family after a special court in Aurangabad refused them protection from arrest. The bench was headed by  Justice Vibha V Kankanwadi and Justice Abhay S Waghwase. During the trials, the Complainant informed the court that he was forced to convert his religion to Islam to marry the woman. e also alleged that it is a case of love jihad, as he was forced to pay a certain amount to the woman’s family, abducted and abused in the name of his caste. 

While giving the judgement, the Court observed,  

“It appears that now the colour has been tried to be given of love jihad, but when love is accepted then there is less possibility of the person being trapped just for converting him into the other’s religion. The facts of the case… contents of the FIR would show that there were many opportunities for the informant for severing his relationship with the accused woman, but he has not taken that step,”

“Merely because the boy and the girl are from different religions, it cannot have a religious angle. It can be a case of pure love for each other,

According to the reports, the couple was in a relationship since 2018. The man belongs to the Schedule Cast. It is also said that when the woman insisted on him converting to Islam to marry her, he revealed his caste to her parents, who convinced their daughter to accept the same.

During the hearing, the Court said, “When the initial relationship was good and caste or religion was not a barrier for them, then the question of raising the issue of caste or community or religion at a later point of time will not arise. It appears that thereafter the relationship was bitter,”

When the Counsel member of the Complainant informed the Court that he was being forced to convert his religion, the Court observed, “Still he had not severed the relationship. Each time, even after offences were registered by the accused woman against him, he has not lodged any report. This is what is surprising here.” 

Court further added, “We can see that there is an inordinate delay in lodging the FIR. When there is an inordinate delay, it affects the story and may lose its importance. The fact will have to be observed that when the base for the relationship was the love affair, there was no barrier of caste or religion and therefore, prima facie case under the Atrocities Act cannot be said to be made out.”

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