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On Tuesday, the Gujarat High Court has ordered that an interfaith couple be released, also stating that the facts are shocking and quite glaring. The High Court viewed the arrest of the couple to be an undue fervor by the Police as their marriage was inter-religious. The plea of Habeas Corpus was filed by the husband’s brother. He told that the court in the plea that the husband was being detained illegally and was remanded to the Police custody by the Magistrate by an order dated 18 January 2021. The action was taken post the marriage of the couple.
The division bench of Justices Sonia Gokani and Sangeetha K Vishen reminded the Police officer of the golden words of the Supreme Court in such cases of inter-religious marriage and honor killing. It also ordered that an inquiry be conducted looking into the conduct of the police for such an act. The court ordered that the couple should be released immediately after a payment of Rs. 10,000 each and quashed the remand order against the husband.
The court observed that “Any kind of torture or torment or ill-treatment in the name of honor that tantamount to atrophy of choice of an individual relating to love and marriage by any assembly, whatsoever nomenclature it assumes, is illegal and cannot be allowed a moment of existence”
In the recent past, High Courts have come to the rescue of interfaith couples. Various causes have been brought before the Allahabad High Court after the UP Prohibition of Unlawful Conversion of Religion Ordinance, 2020 was passed.
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