Father seeks HC8217;s help for daughter8217;s return

MUMBAI, December 3: The Bombay High Court in a writ of habeas corpusdirected the state to produce the 18 year old daughter of a father, wh...

MUMBAI, December 3: The Bombay High Court in a writ of habeas corpusdirected the state to produce the 18 year old daughter of a father, who hasallegedly married her brother-in-law, her elder sister8217;s husband afterboth of them embraced Islam.

The bench of Justice A V Sawant and Justice S S Parkar today heard counselUsha Purohit for the father, who sought that the state produce his seconddaughter in the court and alleged that his son-in-law, had 8220;unlawfullydetained8221; her. In her arguments Purohit submitted that in this case, thewrit of habeas corpus is applicable since the girl had only just attainedthe age of 18, and was illegally induced8221; by the man to convert to Islamfor marriage. The girl had become 18 only on September 27, 1998.

According to the facts of the case, the girl had come from Amritsar wherethe family resides to her sister8217;s house here last year for studying whenshe developed the illicit relation with her brother-in-law. The entirefamily, had gone to Amritsar when in February this year, the youngerdaughter and the son in law, left home and sent a notice to the father thatboth had converted to Islam and had married and were living here.

Arguing for the father Purohit submitted that he remained a guardian for thedaughter till she is legally married. She argued when the first marriage wasstill in subsistence, the act of conversion to Islam was with an ulteriormotive to facilitate the second marriage, and hence illegal. She complainedthat the young girl must have been illegally induced by the son in law tobelieve that the marriage was lawful and so was in an 8220;illegal detention8221;by the man.

In their order, the bench noted that 8220;independent of the remedy which theelder daughter may have against her husband, in the interest of justice, wethink is appropriate to direct the state to produce the girl in court onTuesday, December 7 1999 at 11 am8221;.