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The Allahabad High Court on Monday said that an adult woman is free to stay with whoever she wants and can go wherever she wants. The court also said that two person can marry even if they are of different religion under the Special Marriage Act without changing one’s religion, according to a Live Law report.
Special Marriage Act “is one of the earliest endeavours towards a uniform Civil Code,” Justice JJ Munir observed.
He also interacted with the girl who said she wanted to stay with her husband. On this, Justice Munir observed while noting that she is a major: “She is free to stay with whomsoever she wants and go wherever she likes. Since she has indicated her desire to go along with her husband, she is free to do so.”
The Allahabad HC observation came amid another order where the court said that conversion just for the purpose of marriage is unacceptable.
Justice MC Tripathi made the remark while dismissing a plea by a newly married couple.
The couple moved to court to direct police and the woman’s father not to disturb marriage life.
The girl, whose parents are Muslim, converted to Hinduism just a month before her marriage.
In the petition filed by Priyanshi alias Samreen and her partner, it was stated that the couple got married in July this year, but family members of the woman were interfering in their marital life.
“The first petitioner has converted her religion on June 29, 2020 and just after one month, they have solemnised their marriage on July 31, 2020, which clearly reveals to this court that the said conversion has taken place only for the purpose of marriage,” the court observed while dismissing the petition.
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